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How to litigate deed-to-trust cases in Florida

By Juan C. Antúnez on May 31, 2016

Just because a deed says property’s being transferred to a “trustee” doesn’t…
Continue Reading How to litigate deed-to-trust cases in Florida

Trust protectors; they’re like trustees, but not quite. So can they get sued?

By Juan C. Antúnez on May 18, 2016

It used to be so simple. Back in the day trust lawyers…

Continue Reading Trust protectors; they’re like trustees, but not quite. So can they get sued?

4th DCA: Can a probate judge use his “equitable powers” to override our Probate Code?

By Juan C. Antúnez on April 22, 2016

Oreal v. Steven Kwartin, P.A., — So.3d —-, 2016 WL 1239756 …
Continue Reading 4th DCA: Can a probate judge use his “equitable powers” to override our Probate Code?

Can you sue hostile parties for fraud if they lie to you during settlement negotiations?

By Juan C. Antúnez on March 21, 2016

Lawyers love to brag about their court wins, not so much about…

Continue Reading Can you sue hostile parties for fraud if they lie to you during settlement negotiations?

2d DCA: Do the same rules apply for temporary injunctions in trust litigation?

By Juan C. Antúnez on March 14, 2016

Dowdy v. Dowdy, — So.3d —-, 2016 WL 56785 (Fla. 2d …
Continue Reading 2d DCA: Do the same rules apply for temporary injunctions in trust litigation?

Can a surviving spouse’s $12.5 million “elective share” be reduced to pay attorney’s fees?

By Juan C. Antúnez on February 29, 2016

Gus Boulis was a spectacularly successful self-made millionaire with a sixth grade…
Continue Reading Can a surviving spouse’s $12.5 million “elective share” be reduced to pay attorney’s fees?

4th DCA: Are you required — as a matter of law — to always add a donor’s personal representative to an inter vivos gift case?

By Juan C. Antúnez on February 8, 2016

Parker v. Parker, — So.3d —-, 2016 WL 404636 (Fla. 4th…
Continue Reading 4th DCA: Are you required — as a matter of law — to always add a donor’s personal representative to an inter vivos gift case?

Court says YES to $24.6 million in trustee fees; NO to hourly billing

By Juan C. Antúnez on January 29, 2016

We can all agree hourly billing is a terrible way to do business. …

Continue Reading Court says YES to $24.6 million in trustee fees; NO to hourly billing

4th DCA: When does the “renunciation” rule NOT apply in trust litigation?

By Juan C. Antúnez on January 4, 2016

Gossett v. Gossett, — So.3d —-, 2015 WL 8947627 (Fla. 4th …
Continue Reading 4th DCA: When does the “renunciation” rule NOT apply in trust litigation?

The sins of our fathers. Does Florida’s “slayer rule” also disinherit a killer’s descendants?

By Juan C. Antúnez on December 28, 2015

This is the latest chapter in the battle over the fortune of…
Continue Reading The sins of our fathers. Does Florida’s “slayer rule” also disinherit a killer’s descendants?

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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

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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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