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The 4th DCA construes will properly devising Florida homestead

By Juan C. Antúnez on March 23, 2010

Pajares v. Donahue, — So.3d —-, 2010 WL 934101 (Fla. 4th…

Continue Reading The 4th DCA construes will properly devising Florida homestead

Can a probate judge boot a recalcitrant cotenant out of homestead property?

By Juan C. Antúnez on November 16, 2009

Buettner v. Fass, — So.3d —-, 2009 WL 3446478 (Fla. 4th…
Continue Reading Can a probate judge boot a recalcitrant cotenant out of homestead property?

Is Florida’s 3% annual homestead property tax cap constitutional?

By Juan C. Antúnez on July 19, 2009

Lanning v. Pilcher, — So.3d —-, 2009 WL 1941210 (Fla. 1st…
Continue Reading Is Florida’s 3% annual homestead property tax cap constitutional?

4th DCA says NO to lien on homestead property to pay curator’s attorney’s fees

By Juan C. Antúnez on June 7, 2009

Herrilka v. Yates, — So.3d —-, 2009 WL 1531772 (Fla. 4th…
Continue Reading 4th DCA says NO to lien on homestead property to pay curator’s attorney’s fees

Do you have to live in a house for it to be your homestead?

By Juan C. Antúnez on May 5, 2009

Bayview Loan Servicing, LLC v. Giblin, — So.3d —-, 2009 WL…
Continue Reading Do you have to live in a house for it to be your homestead?

Getting paid for defending against an assisted-suicide/Slayer Statute claim . . . but hands off the homestead

By Juan C. Antúnez on February 15, 2009

Estate of Shefner v. Shefner-Holden, — So.2d —-, 2009 WL 322153…
Continue Reading Getting paid for defending against an assisted-suicide/Slayer Statute claim . . . but hands off the homestead

The Cutler En Banc Opinion: Is the Third DCA Eroding the Protection Afforded to Heirs Who Are to Receive Devises of Florida Homestead?

By Juan C. Antúnez on January 29, 2009

The Winter 2009 edition of ActionLine contains a short article entitled The Cutler…

Continue Reading The Cutler En Banc Opinion: Is the Third DCA Eroding the Protection Afforded to Heirs Who Are to Receive Devises of Florida Homestead?

3d DCA reverses itself, homestead property may be sold to pay adminisration expenses

By Juan C. Antúnez on September 17, 2008

Cutler v. Cutler, — So.2d —-, 2008 WL 4057751(Fla. 3d DCA Sep 03,…
Continue Reading 3d DCA reverses itself, homestead property may be sold to pay adminisration expenses

Can you enforce a California constructive-trust judgment against a Florida homestead?

By Juan C. Antúnez on July 18, 2008

Hirchert v. Hirchert Family Trust, — So.2d —-, 2008 WL 2695897…
Continue Reading Can you enforce a California constructive-trust judgment against a Florida homestead?

Why do-it-yourself estate planning can lead to unintended consequences for homestead property

By Juan C. Antúnez on March 22, 2008

Clemons v. Thornton, — So.2d —-, 2008 WL 624863 (Fla. 1st…
Continue Reading Why do-it-yourself estate planning can lead to unintended consequences for homestead property

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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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    2022 . . . 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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