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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?

Florida Supreme Court says NO to charging-order protection for single member LLCs

By Juan C. Antúnez on July 1, 2010

Limited liability companies or “LLCs” have long been touted as the ultimate…
Continue Reading Florida Supreme Court says NO to charging-order protection for single member LLCs

2d DCA says NO to class-action creditor claims under Florida’s Probate Code

By Juan C. Antúnez on June 7, 2010

Baillargeon v. Sewell, — So.3d —-, 2010 WL 1727842 (Fla. 2d DCA Apr 30…

Continue Reading 2d DCA says NO to class-action creditor claims under Florida’s Probate Code

Does a beneficiary’s “exclusive dominion and control” over his trust = no creditor protection?

By Juan C. Antúnez on May 8, 2010

Multigenerational spendthrift trusts – often referred to as “dynasty trusts” – are…
Continue Reading Does a beneficiary’s “exclusive dominion and control” over his trust = no creditor protection?

Creditor Protection Denied for Florida Debtor’s Inherited IRA

By Juan C. Antúnez on May 7, 2010

Kentucky and Florida estate planning lawyer/blogger C. Carter Ruml recently wrote an interesting…

Continue Reading Creditor Protection Denied for Florida Debtor’s Inherited IRA

Another personal injury lawyer forfeits trial court win by blowing probate creditor deadline

By Juan C. Antúnez on March 8, 2010

The linked-to opinion is yet another example of yet another plaintiffs lawyer…

Continue Reading Another personal injury lawyer forfeits trial court win by blowing probate creditor deadline

UK insurance giant Lloyd’s of London stymied by strategic use of Florida’s 2-year non-claim statute

By Juan C. Antúnez on February 18, 2010

An overarching theme of Florida’s probate code is the tension between basic…

Continue Reading UK insurance giant Lloyd’s of London stymied by strategic use of Florida’s 2-year non-claim statute

If I’m a reasonably ascertainable creditor and the estate didn’t give me notice, do I get a free pass for filing a late claim?

By Juan C. Antúnez on January 11, 2010

Morgenthau v. Estate of Andzel, — So.3d —-, 2009 WL 5151741…
Continue Reading If I’m a reasonably ascertainable creditor and the estate didn’t give me notice, do I get a free pass for filing a late claim?

Trap for the Unwary: Florida’s ultra-short limitations periods for probate creditor claims

By Juan C. Antúnez on December 31, 2009

Plaintiffs suing estates often fail to realize that they’re really litigating their…

Continue Reading Trap for the Unwary: Florida’s ultra-short limitations periods for probate creditor claims

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

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