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Asset protection planning = DANGER FOR LAWYERS

By Juan C. Antúnez on February 24, 2014

Asset protection planning’s a high risk practice area that many estate planners…
Continue Reading Asset protection planning = DANGER FOR LAWYERS

Does F.S. 56.29 give a Florida court personal jurisdiction over a Kentucky trustee absent a basis for personal jurisdiction under Florida’s long-arm statute?

By Juan C. Antúnez on February 20, 2014

Jarboe Family and Friends Irrevocable Living Trust v. Spielman, — So.3d…
Continue Reading Does F.S. 56.29 give a Florida court personal jurisdiction over a Kentucky trustee absent a basis for personal jurisdiction under Florida’s long-arm statute?

4th DCA splits with 1st and 2nd DCA’s on when “reasonably ascertainable” creditor’s filing deadline begins to run

By Juan C. Antúnez on November 13, 2013

Golden v. Jones, — So.3d —-, 2013 WL 5810360 (Fla. 4th…
Continue Reading 4th DCA splits with 1st and 2nd DCA’s on when “reasonably ascertainable” creditor’s filing deadline begins to run

4th/5th DCA: Promises, promises . . . Are oral agreements enforceable in inheritance disputes?

By Juan C. Antúnez on September 23, 2013

In the trusts and estates world, if it’s not in writing it…
Continue Reading 4th/5th DCA: Promises, promises . . . Are oral agreements enforceable in inheritance disputes?

4th DCA: New York creditor’s claim vs. Florida ancillary estate: whose statute of limitations periods apply: NY or FL?

By Juan C. Antúnez on September 9, 2013

Staum v. Rubano, — So.3d — , 2013 WL 4081055 (Fla.
Continue Reading 4th DCA: New York creditor’s claim vs. Florida ancillary estate: whose statute of limitations periods apply: NY or FL?

Florida spendthrift trust survives creditor’s constitutional challenge

By Juan C. Antúnez on June 10, 2013

Zlatkiss v. All America Team Concepts, LLC, — So.3d —-, 2013…
Continue Reading Florida spendthrift trust survives creditor’s constitutional challenge

Can a revocable trust waive the creditor-exempt status of life insurance proceeds? And if in hindsight that turns out to be a mistake, can the trust be “reformed” to undo the waiver?

By Juan C. Antúnez on August 19, 2012

Morey v. Everbank, — So.3d —-, 2012 WL 3000608 (Fla. 1st…
Continue Reading Can a revocable trust waive the creditor-exempt status of life insurance proceeds? And if in hindsight that turns out to be a mistake, can the trust be “reformed” to undo the waiver?

2d DCA: Who has the burden of proving whether or not you’re a “reasonably ascertainable” creditor of the estate?

By Juan C. Antúnez on January 27, 2012

Lubee v. Adams, — So.3d —-, 2012 WL 163911 (Fla. 2d…
Continue Reading 2d DCA: Who has the burden of proving whether or not you’re a “reasonably ascertainable” creditor of the estate?

If a foreign national doesn’t qualify for the homestead tax exemption, is he also automatically disqualified from claiming homestead creditor protection?

By Juan C. Antúnez on November 28, 2011

Grisolia v. Pfeffer, — So.3d —-, 2011 WL 5864806 (Fla. 3d…
Continue Reading If a foreign national doesn’t qualify for the homestead tax exemption, is he also automatically disqualified from claiming homestead creditor protection?

5th DCA: Can a decedent release a debt owed to him through a debt forgiveness clause in his will if his estate is insolvent?

By Juan C. Antúnez on April 13, 2011

Lauritsen v. Wallace, — So.3d —-, 2011 WL 1195873 (Fla. 5th…
Continue Reading 5th DCA: Can a decedent release a debt owed to him through a debt forgiveness clause in his will if his estate is insolvent?

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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.

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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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