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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 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?

Is a surviving spouse’s community-property claim subject to the filing deadlines for probate “creditor” claims?

By Juan C. Antúnez on January 14, 2019

Florida remains the largest recipient of state-to-state migration in the US,…
Continue Reading Is a surviving spouse’s community-property claim subject to the filing deadlines for probate “creditor” claims?

Can I sue a decedent’s insurance company if my probate creditor claims are time barred?

By Juan C. Antúnez on February 23, 2017

In re Estate of Arroyo v. Infinity Indemnity Insurance Company, —…
Continue Reading Can I sue a decedent’s insurance company if my probate creditor claims are time barred?

Can an e-filing mistake blow your probate creditor filing deadline?

By Juan C. Antúnez on November 28, 2016

United Bank v. Estate of Frazee, — So.3d —-,  2016 WL…
Continue Reading Can an e-filing mistake blow your probate creditor filing deadline?

Can the 500-year-old “relation back” doctrine be used to block today’s $4 million probate creditor claim?

By Juan C. Antúnez on July 18, 2016

Just because someone’s Will says you’re their personal representative (PR) doesn’t make…
Continue Reading Can the 500-year-old “relation back” doctrine be used to block today’s $4 million probate creditor claim?

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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.

    2023 . . . The Year in Review

    2022 . . . 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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