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Marital Agreements and Spousal Rights

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Are Turkish testamentary marital property rights enforceable in Florida?

By Juan C. Antúnez on August 15, 2024

Choice-of-law problems involving marital property are relatively uncommon, but when they do…

Continue Reading Are Turkish testamentary marital property rights enforceable in Florida?

Do you need a court order to file a late elective-share claim?

By Juan C. Antúnez on March 21, 2022

A surviving spouse’s right to an “elective share” reflects Florida’s…
Continue Reading Do you need a court order to file a late elective-share claim?

Close up elderly senior family couple signing paper document.

If a married couple take title to their home jointly, does the deed have to say anything else to trigger the tenancy by the entireties (TBE) presumption?

By Juan C. Antúnez on January 31, 2022

Married couples take title to their homes in joint deeds all the…

Continue Reading If a married couple take title to their home jointly, does the deed have to say anything else to trigger the tenancy by the entireties (TBE) presumption?

A User’s Guide to Prosecuting Claims under Florida’s Uniform Disposition of Community Property Rights at Death Act

By Juan C. Antúnez on August 4, 2020

Under the Florida Uniform Disposition of Community Property Rights at Death Act…

Continue Reading A User’s Guide to Prosecuting Claims under Florida’s Uniform Disposition of Community Property Rights at Death Act

Prenuptial agreement vs. revocable trust: who wins?

By Juan C. Antúnez on July 11, 2020

Prenuptial agreements get litigated all the time in probate proceedings. The challenge…
Continue Reading Prenuptial agreement vs. revocable trust: who wins?

Does Florida’s post-divorce automatic revocation rule for Wills apply to fiancés?

By Juan C. Antúnez on May 4, 2020

In 1951 Florida added a provision to its Probate Code automatically cutting…
Continue Reading Does Florida’s post-divorce automatic revocation rule for Wills apply to fiancés?

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?

Marriage, Guardianships . . . and the Power of Framing

By Juan C. Antúnez on October 4, 2017

Smith v. Smith, — So.3d —-, 2017 WL 3774702 (Fla. August…
Continue Reading Marriage, Guardianships . . . and the Power of Framing

2017 legislative news: Big Changes to Florida’s Elective Share Statutes

By Juan C. Antúnez on September 16, 2017

If you’re a working probate attorney, elective share claims loom large in…
Continue Reading 2017 legislative news: Big Changes to Florida’s Elective Share Statutes

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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.

    FY 2023-24 Probate Court Filing Statistics: How busy are our probate judges?

    2025 … The Year in Review

    2024 … 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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