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2d DCA: Can a judge cut your attorney’s fees in a contested guardianship proceeding without explaining why?

By Juan C. Antúnez on March 13, 2013

In re Guardianship of Ansley, 94 So.3d 711 (Fla. 2d DCA…
Continue Reading 2d DCA: Can a judge cut your attorney’s fees in a contested guardianship proceeding without explaining why?

Gavel on bankruptcy Law books

U.S. Supreme Court to decide when a breach-of-trust judgment against a former trustee is dischargeable in bankruptcy

By Juan C. Antúnez on March 11, 2013

Bullock v. BankChampaign, N.A., 133 S.Ct. 526 (U.S. October 29, 2012) […
Continue Reading U.S. Supreme Court to decide when a breach-of-trust judgment against a former trustee is dischargeable in bankruptcy

Predicting the future of the U.S. estate tax

By Juan C. Antúnez on March 5, 2013

Anyone can tell you what the current state of the law is…
Continue Reading Predicting the future of the U.S. estate tax

Can arguing for the appointment of a court-appointed guardian to handle litigation for an incapacitated adult if she previously executed a valid DPOA get you (and your lawyer) sanctioned?

By Juan C. Antúnez on February 18, 2013

Albelo v. Southern Oak Ins. Co., — So.3d —-, 2013 WL…
Continue Reading Can arguing for the appointment of a court-appointed guardian to handle litigation for an incapacitated adult if she previously executed a valid DPOA get you (and your lawyer) sanctioned?

Is personal service of process needed to challenge a DPOA?

By Juan C. Antúnez on February 17, 2013

Griffith v. Slade, 95 So.3d 982 (Fla. 2d DCA August 22,…
Continue Reading Is personal service of process needed to challenge a DPOA?

How to draft attorney’s fees and costs orders that won’t get reversed on appeal

By Juan C. Antúnez on February 4, 2013

In Fla. Patient’s Comp. Fund v. Rowe, 472 So.2d 1145 (Fla.1985)…

Continue Reading How to draft attorney’s fees and costs orders that won’t get reversed on appeal

After The Fiscal Cliff Deal: Estate And Gift Tax Explained

By Juan C. Antúnez on January 16, 2013

For the first time in over a decade we have permanent federal…
Continue Reading After The Fiscal Cliff Deal: Estate And Gift Tax Explained

If your witness can’t testify to the “content” of the lost will, do you still have a case?

By Juan C. Antúnez on January 7, 2013

This is the second time this case has been up on appeal. The…

Continue Reading If your witness can’t testify to the “content” of the lost will, do you still have a case?

4th DCA: Jasser v. Saadeh and the “prisoner’s dilemma” as metaphor for settlement “agreements” in guardianship litigation

By Juan C. Antúnez on December 31, 2012

Jasser v. Saadeh, 97 So.3d 241 (Fla. 4th DCA July 18,…
Continue Reading 4th DCA: Jasser v. Saadeh and the “prisoner’s dilemma” as metaphor for settlement “agreements” in guardianship litigation

4th DCA: Can filing a time-barred will contest get you (and your lawyer) sanctioned?

By Juan C. Antúnez on December 27, 2012

Shuck v. Smalls, — So.3d —-, 2012 WL 6027820 (Fla. 4th…
Continue Reading 4th DCA: Can filing a time-barred will contest get you (and your lawyer) sanctioned?

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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.

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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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