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Contested Guardianship Proceedings

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2d DCA: Your own testimony can be the sole basis for reducing your fees

By Juan C. Antúnez on May 18, 2008

In re Guardianship of Shell, — So.2d —-, 2008 WL 1757211…
Continue Reading 2d DCA: Your own testimony can be the sole basis for reducing your fees

State Puzzle

What to do when competing guardianship petitions are filed in different states

By Juan C. Antúnez on January 5, 2008

Inter-state forum shopping in contested guardianship proceedings is a growing problem. …

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N.Y. Court Suspends Lawyer Accused of Taking Money From Judge’s Guardianship Estate Funds

By Juan C. Antúnez on January 3, 2008

An article written by Anthony Lin of the New York Law Journal…

Continue Reading N.Y. Court Suspends Lawyer Accused of Taking Money From Judge’s Guardianship Estate Funds

2d DCA: Incompetency adjudication based upon 6-month old examination report is reversible error

By Juan C. Antúnez on December 31, 2007

In re Commitment of Reilly, — So.2d —-, 2007 WL 4270584…
Continue Reading 2d DCA: Incompetency adjudication based upon 6-month old examination report is reversible error

4th DCA: Fatally flawed procedural/evidentiary record leads to stunning reversal of all trial-court wins in contested guardianship proceeding

By Juan C. Antúnez on December 12, 2007

Graham v. Florida Dept. of Children and Families, — So.2d —-,…
Continue Reading 4th DCA: Fatally flawed procedural/evidentiary record leads to stunning reversal of all trial-court wins in contested guardianship proceeding

2d DCA: Court says NO to family members vying to be mom’s guardian

By Juan C. Antúnez on October 7, 2007

In re Guardianship of Stephens, — So.2d —-, 2007 WL 2811591…
Continue Reading 2d DCA: Court says NO to family members vying to be mom’s guardian

Freezing assets in guardianship proceedings

By Juan C. Antúnez on September 17, 2007

If the estate assets disappear while the parties litigate their claims against…

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How much due process is a mentally ill patient entitled to in an involuntary commitment proceeding?

By Juan C. Antúnez on August 12, 2007

Register v. State, 946 So.2d 50 (Fla. 1st DCA Dec 15,…
Continue Reading How much due process is a mentally ill patient entitled to in an involuntary commitment proceeding?

Termination of a guardianship upon a change in domicile

By Juan C. Antúnez on August 5, 2007

In re Guardianship of Graham, — So.2d —-, 2007 WL 2189111…

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Jury: Home violated living will

By Juan C. Antúnez on June 23, 2007

Thanks to the Wills, Trusts & Estates Prof Blog for reporting here…
Continue Reading Jury: Home violated living will

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Annual Survey of Florida Trusts + Estates Law

This is my running list of significant trust, probate and guardianship related appellate opinions since 2005. If you think I've missed an important appellate decision that deserves wider notice, please let me know. As new appellate decisions are published I'll add them to the list.

    2025 … The Year in Review

    2024 … The Year in Review

    2023 … The Year in Review

      Click here for prior years

About this Blog

The Florida Probate & Trust Litigation Blog is authored by Juan Antúnez of Stokes McMillan Antúnez Martinez-Lejarza P.A

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