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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

Florida statute section 46.021 tells us that “[n]o cause of action dies…

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?

4th DCA: Can a probate judge use his “equitable powers” to override our Probate Code?

By Juan C. Antúnez on April 22, 2016

Oreal v. Steven Kwartin, P.A., — So.3d —-, 2016 WL 1239756 …
Continue Reading 4th DCA: Can a probate judge use his “equitable powers” to override our Probate Code?

Fla/3d DCA: What’s a “reasonably ascertainable” probate creditor and why should you care?

By Juan C. Antúnez on November 16, 2015

Golden v. Jones, — So.3d —-, 2015 WL 5727788 (Fla. October…
Continue Reading Fla/3d DCA: What’s a “reasonably ascertainable” probate creditor and why should you care?

If a probate creditor files his “independent action” in the wrong division of the circuit court, should the action be dismissed or transferred?

By Juan C. Antúnez on September 22, 2014

One of the decedent’s two sons claimed his father owed him over…

Continue Reading If a probate creditor files his “independent action” in the wrong division of the circuit court, should the action be dismissed or transferred?

Probate judge to personal representatives: “there is a higher power that [you’re] accountable to and, short of God, that’s me.” 4th DCA says not so fast.

By Juan C. Antúnez on September 2, 2014

Vazza v. Estate of Vazza, — So.3d —-, 2014 WL 4082864…
Continue Reading Probate judge to personal representatives: “there is a higher power that [you’re] accountable to and, short of God, that’s me.” 4th DCA says not so fast.

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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

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    2023 … The Year in Review

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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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