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Can you challenge “joint” accounts and “POD” accounts on undue influence grounds in nonprobate inheritance cases?

By Juan C. Antúnez on December 21, 2015

In today’s world the vast majority of inherited wealth gets transferred from…

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2d DCA: What’s the “dependent relative revocation” doctrine and why should trusts and estates lawyers care?

By Juan C. Antúnez on November 30, 2015

In re Estate of Murphy, — So.3d —-, 2015 WL 6777216 …
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Fla/3d DCA: What’s a “reasonably ascertainable” probate creditor and why should you care?

By Juan C. Antúnez on November 16, 2015

Golden v. Jones, — So.3d —-, 2015 WL 5727788 (Fla. October…
Continue Reading Fla/3d DCA: What’s a “reasonably ascertainable” probate creditor and why should you care?

Is a “notarial will” that’s valid in Argentina also valid in Florida?

By Juan C. Antúnez on October 21, 2015

As long as we’ve had probate courts, people have been trying to…

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Advice to settling parties: GET IT IN WRITING!

By Juan C. Antúnez on September 28, 2015

One of the big selling points for settling disputes is finality: you…

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2015 legislative news: Florida overhauls its elder guardianship system

By Juan C. Antúnez on September 21, 2015

Most of the 2015 legislative changes to our Probate and Trust Codes …
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When does a court lack “procedural jurisdiction” to appoint a guardian?

By Juan C. Antúnez on September 14, 2015

Adelman v. Elfenbein, — So.3d —-, 2015 WL 5026178 (Fla. 4…
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When does a probate judge have “personal” jurisdiction over a personal representative or trustee?

By Juan C. Antúnez on August 17, 2015

Section 731.105 of our Probate Code tells us that all probate matters…
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When does a probate judge NOT have jurisdiction over contested property?

By Juan C. Antúnez on August 3, 2015

In contested probate and trust proceedings, if you hear the word “…
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Can you sue a Florida trust protector for breach of fiduciary duty?

By Juan C. Antúnez on July 27, 2015

Over the last few years there’s been a trend towards wider use

…
Continue Reading Can you sue a Florida trust protector for breach of fiduciary duty?

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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

      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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