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3d DCA: Can a trustee be personally liable for an opposing party’s legal fees in a breach of trust lawsuit?

By Juan C. Antúnez on December 9, 2012

Jacobson v. Sklaire, — So.3d —-, 2012 WL 1414447 (Fla. 3d…

Continue Reading 3d DCA: Can a trustee be personally liable for an opposing party’s legal fees in a breach of trust lawsuit?

Does a trustee’s breach of fiduciary duty = “fraud” for equitable lien on homestead purposes?

By Juan C. Antúnez on November 21, 2012

Hirchert Family Trust v. Hirchert, — So.3d —-, 2011 WL 2415787…
Continue Reading Does a trustee’s breach of fiduciary duty = “fraud” for equitable lien on homestead purposes?

Tax Court: Is a beneficiary’s claim to a distributive share of the estate tax deductible?

By Juan C. Antúnez on November 19, 2012

While we know what the federal estate tax rules are until the…
Continue Reading Tax Court: Is a beneficiary’s claim to a distributive share of the estate tax deductible?

4th DCA: Miami Care Foundation vs. Miami Children’s Hospital Foundation: drafting error or ambiguity?

By Juan C. Antúnez on October 29, 2012

Miami Children’s Hosp. Found., Inc. v. Estate of Hillman, — So.3d…

Continue Reading 4th DCA: Miami Care Foundation vs. Miami Children’s Hospital Foundation: drafting error or ambiguity?

2d DCA: If I withdraw funds from a joint checking account to buy myself a $58K Rolex and $19K diamond ring, who owns this stuff when I die?

By Juan C. Antúnez on October 8, 2012

Connell v. Connell, — So.3d —-, 2012 WL 3101842 (Fla. 2d…

Continue Reading 2d DCA: If I withdraw funds from a joint checking account to buy myself a $58K Rolex and $19K diamond ring, who owns this stuff when I die?

Reliable, user-friendly homestead charts for the busy practitioner

By Juan C. Antúnez on October 5, 2012

There’s a good reason why homestead litigation is a recurring theme for…

Continue Reading Reliable, user-friendly homestead charts for the busy practitioner

4th DCA: If you want to get your hands on trust property, file a complaint and follow the Rules of Civil Procedure

By Juan C. Antúnez on October 2, 2012

Beekhuis v. Morris, — So.3d —-, 2012 WL 2121258 (Fla. 4th…

Continue Reading 4th DCA: If you want to get your hands on trust property, file a complaint and follow the Rules of Civil Procedure

Estate planners beware: to err is human, but the cover up can land you in jail

By Juan C. Antúnez on September 17, 2012

The competitive pressures and technical complexities of a sophisticated estate planning practice…
Continue Reading Estate planners beware: to err is human, but the cover up can land you in jail

Paper puzzles on a red background. Selective focus.

Dramatically different evidentiary rules apply to “tenancy by the entireties” (TBE) cases involving personal property vs. real estate

By Juan C. Antúnez on September 3, 2012

There’s trouble brewing over a bank account and vacant lot “Widow” claims…

Continue Reading Dramatically different evidentiary rules apply to “tenancy by the entireties” (TBE) cases involving personal property vs. real estate

Can you challenge the validity of a revocable trust without also contesting the pour-over will?

By Juan C. Antúnez on August 26, 2012

The popularity of revocable trusts and pour-over wills as “package deals” creates…
Continue Reading Can you challenge the validity of a revocable trust without also contesting the pour-over will?

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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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