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Is “unjust enrichment” enough to pierce Florida’s homestead shield?

By Juan C. Antúnez on September 11, 2017

Flinn v. Doty, — So.3d —-, 2017 WL 923508 (Fla. 4th…
Continue Reading Is “unjust enrichment” enough to pierce Florida’s homestead shield?

If a “reputed” spouse is entitled to inheritance rights under Israeli law, what does she get in Florida?

By Juan C. Antúnez on July 10, 2017

A person’s “status” as a surviving spouse triggers all sorts of valuable inheritance…

Continue Reading If a “reputed” spouse is entitled to inheritance rights under Israeli law, what does she get in Florida?

So who gets to occupy the decedent’s contested real estate?

By Juan C. Antúnez on June 4, 2017

Contested probate proceedings often revolve around conflicting claims to specific property that’s…

Continue Reading So who gets to occupy the decedent’s contested real estate?

Is Florida’s post-divorce automatic revocation statute for life insurance policies constitutional?

By Juan C. Antúnez on April 27, 2017

Most of us would agree that most divorced spouses don’t want their…
Continue Reading Is Florida’s post-divorce automatic revocation statute for life insurance policies constitutional?

Adoption word written on wood block. Dark wood background with texture

Does a discretionary trust beneficiary have standing to challenge an adoption that could potentially dilute his interest in the trust?

By Juan C. Antúnez on April 10, 2017

Edwards v. Maxwell, — So.3d —-, 2017 WL 1201873 (Fla. 1st…
Continue Reading Does a discretionary trust beneficiary have standing to challenge an adoption that could potentially dilute his interest in the trust?

Federal Judge Rules Florida Must Add Same-Sex Spouses to Death Certificates

By Juan C. Antúnez on March 29, 2017

Birchfield v. Armstrong, No. 4:15-cv-00615-RH-CAS, —- WL —– (N.D. Fla. March…
Continue Reading Federal Judge Rules Florida Must Add Same-Sex Spouses to Death Certificates

Is an “estate” a legal entity that can be sued?

By Juan C. Antúnez on March 13, 2017

You’ll often hear lawyers speak in terms of suing “the estate,” or…

Continue Reading Is an “estate” a legal entity that can be sued?

Can an estate get sued if someone gets in an accident driving the decedent’s car?

By Juan C. Antúnez on March 13, 2017

One of the first things any beginning probate lawyer learns is to…
Continue Reading Can an estate get sued if someone gets in an accident driving the decedent’s car?

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?

Are guardians ad litem (GALs) mandatory when settling a minor’s claims?

By Juan C. Antúnez on January 23, 2017

Two points to keep in mind when thinking about the Allen case.
Continue Reading Are guardians ad litem (GALs) mandatory when settling a minor’s 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.

    2025 … The Year in Review

    2024 … The Year in Review

    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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