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4th DCA: Can a woman who’s been adjudicated mentally incapacitated validly amend her revocable trust?

By Juan C. Antúnez on February 27, 2012

Jervis v. Tucker, — So.3d —-, 2012 WL 385518 (Fla. 4th…
Continue Reading 4th DCA: Can a woman who’s been adjudicated mentally incapacitated validly amend her revocable trust?

What happens “in a twinkle of an eye”when homestead property’s invalidly devised?

By Juan C. Antúnez on February 6, 2012

Estate planners beware. As reported here by the WSJ, “When it comes…

Continue Reading What happens “in a twinkle of an eye”when homestead property’s invalidly devised?

2d DCA: Who has the burden of proving whether or not you’re a “reasonably ascertainable” creditor of the estate?

By Juan C. Antúnez on January 27, 2012

Lubee v. Adams, — So.3d —-, 2012 WL 163911 (Fla. 2d…
Continue Reading 2d DCA: Who has the burden of proving whether or not you’re a “reasonably ascertainable” creditor of the estate?

Revenge of the disappointed heir: tortious interference with an expected inheritance

By Juan C. Antúnez on January 17, 2012

Saewitz v. Saewitz, — So.3d —-, 2012 WL 10854 (Fla. 3d…
Continue Reading Revenge of the disappointed heir: tortious interference with an expected inheritance

Florida’s new Power of Attorney statutory regime makes its appellate court debut . . . the reviews are good

By Juan C. Antúnez on January 4, 2012

Rosenkrantz v. Feit, — So.3d —-, 2011 WL 6183525 (Fla. 3d…
Continue Reading Florida’s new Power of Attorney statutory regime makes its appellate court debut . . . the reviews are good

Great expectations. Does a child have a property right in an expected future inheritance from a parent?

By Juan C. Antúnez on January 3, 2012

What “rights” do I have in an inheritance from my parents? Under…

Continue Reading Great expectations. Does a child have a property right in an expected future inheritance from a parent?

What’s the “cy pres” doctrine, and why should Florida charities care?

By Juan C. Antúnez on December 19, 2011

We all know charities are struggling to stay afloat these days, which…
Continue Reading What’s the “cy pres” doctrine, and why should Florida charities care?

4th DCA: Does an interest in a revocable trust vest when the trust is created or when the testator dies?

By Juan C. Antúnez on December 12, 2011

Darian v. Weymouth, — So.3d —-, 2011 WL 5554786 (Fla. 4th…

Continue Reading 4th DCA: Does an interest in a revocable trust vest when the trust is created or when the testator dies?

Fla SC: New appellate rule for probate & guardianship proceedings

By Juan C. Antúnez on December 11, 2011

In re Amendments to Florida Rules of Appellate Procedure, No. SC11-192…
Continue Reading Fla SC: New appellate rule for probate & guardianship proceedings

Steve Akers: Protective Claim for Refund Procedures for Section 2053 Claims, Rev. Proc. 2011-48

By Juan C. Antúnez on December 5, 2011

Steve Akers of Bessemer Trust is one of the best speakers you’ll…

Continue Reading Steve Akers: Protective Claim for Refund Procedures for Section 2053 Claims, Rev. Proc. 2011-48

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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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