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What’s the “probate exception” and why should trusts and estates litigators care?

By Juan C. Antúnez on November 5, 2023

There are all sorts of reasons for why you may want to…

Continue Reading What’s the “probate exception” and why should trusts and estates litigators care?

Are real property title disputes probate creditor “claims”?

By Juan C. Antúnez on August 27, 2023

If you’re going to sue a decedent’s probate estate, the first question…

Continue Reading Are real property title disputes probate creditor “claims”?

Florida supreme court: casualty insurance claims are subject to Probate Code’s two-year non-claim statute

By Juan C. Antúnez on July 3, 2023

F.S. 46.021 tells us that “[n]o cause of action dies with the…

Continue Reading Florida supreme court: casualty insurance claims are subject to Probate Code’s two-year non-claim statute

Can your probate judge enforce your settlement agreement or do you have to file a new lawsuit?

By Juan C. Antúnez on November 28, 2022

The vast majority of cases settle. Whether those settlements are on balance…

Continue Reading Can your probate judge enforce your settlement agreement or do you have to file a new lawsuit?
Gavel on bankruptcy Law books

If a married couple transfers their tenants by the entireties (TBE) property to a joint trust, have they forfeited its creditor protection shield?

By Juan C. Antúnez on July 12, 2021

If a married couple transfers their tenants by the entireties (TBE) property…

Continue Reading If a married couple transfers their tenants by the entireties (TBE) property to a joint trust, have they forfeited its creditor protection shield?

When’s a creditor claim decided in the Probate Division, and when’s it decided in the Civil Division?

By Juan C. Antúnez on June 1, 2021

A few years ago Jonathan Galler published an excellent article in the…

Continue Reading When’s a creditor claim decided in the Probate Division, and when’s it decided in the Civil Division?

Partnership Agreement vs Will. Who wins?

By Juan C. Antúnez on May 10, 2021

If ownership of a business asset is contested in an estate, the…

Continue Reading Partnership Agreement vs Will. Who wins?

Can you sue a fictitious “John Doe” instead of a deceased party’s actual court-appointed personal representative?

By Juan C. Antúnez on September 16, 2020

To be clear, under Florida law there’s no such thing as a…

Continue Reading Can you sue a fictitious “John Doe” instead of a deceased party’s actual court-appointed personal representative?

Can a co-op be homestead property? (Part II)

By Juan C. Antúnez on December 23, 2019

The key to understanding this case is recognizing that one word —…

Continue Reading Can a co-op be homestead property? (Part II)

Child support claim vs. creditor protected trust. Who wins?

By Juan C. Antúnez on June 9, 2019

The creditor protected trust at the center of this case is a…
Continue Reading Child support claim vs. creditor protected trust. Who wins?

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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.

    FY 2023-24 Probate Court Filing Statistics: How busy are our probate judges?

    2025 … The Year in Review

    2024 … The Year in Review

      Click here for prior years

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

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