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$1.2 million trustee fee dispute snowballs into across-the-board indictment of trustee’s tenure resulting in whopping $5.3 million adverse judgment

By Juan C. Antúnez on August 19, 2013

This case was 12 years in the making. Starting with the settlor’s…

Continue Reading $1.2 million trustee fee dispute snowballs into across-the-board indictment of trustee’s tenure resulting in whopping $5.3 million adverse judgment
Federal Courtroom

When can you litigate an inheritance case in federal court?

By Juan C. Antúnez on August 12, 2013

So when can you litigate inheritance disputes in federal court? According to the…

Continue Reading When can you litigate an inheritance case in federal court?

Does a dutiful adult child caring for an elderly parent = undue influence?

By Juan C. Antúnez on July 29, 2013

Estate of Kester v. Rocco, — So.3d —-, 2013 WL 3155849…
Continue Reading Does a dutiful adult child caring for an elderly parent = undue influence?

Reliable, user-friendly trust-amendment/termination charts for the busy practitioner

By Juan C. Antúnez on July 21, 2013

A trusts and estates practice is often like playing one of those…

Continue Reading Reliable, user-friendly trust-amendment/termination charts for the busy practitioner

2d & 5th DCA: What’s it take for a court to properly enter a temporary injunction or “freeze” order in trust litigation?

By Juan C. Antúnez on July 15, 2013

Temporary injunctions or “freeze” orders are supposed to simply maintain the status …
Continue Reading 2d & 5th DCA: What’s it take for a court to properly enter a temporary injunction or “freeze” order in trust litigation?

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

Is adult adoption for inheritance purposes against Florida public policy?

By Juan C. Antúnez on June 25, 2013

The adult adoption order at the center of the 3d DCA’s recently…
Continue Reading Is adult adoption for inheritance purposes against Florida public policy?

Florida spendthrift trust survives creditor’s constitutional challenge

By Juan C. Antúnez on June 10, 2013

Zlatkiss v. All America Team Concepts, LLC, — So.3d —-, 2013…
Continue Reading Florida spendthrift trust survives creditor’s constitutional challenge

When can a probate court “reform” a settlement agreement to fix a drafting mistake?

By Juan C. Antúnez on May 28, 2013

So here’s the typical scenario at the end of a successful mediation…

Continue Reading When can a probate court “reform” a settlement agreement to fix a drafting mistake?

Does an inter vivos gift of stock automatically fail if the stock certificate remained registered in the donor’s name at death?

By Juan C. Antúnez on April 25, 2013

Welch v. Dececco, — So.3d —-, 2012 WL 5969623 (Fla. 5th…
Continue Reading Does an inter vivos gift of stock automatically fail if the stock certificate remained registered in the donor’s name at death?

3d DCA says NO to adoption of 42 year old girlfriend; ends ploy to raid 1/3 share of $300 million trust fund

By Juan C. Antúnez on April 8, 2013

In this sharply worded opinion the 3d DCA struck down an order…

Continue Reading 3d DCA says NO to adoption of 42 year old girlfriend; ends ploy to raid 1/3 share of $300 million trust fund

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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

      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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