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If a foreign national doesn’t qualify for the homestead tax exemption, is he also automatically disqualified from claiming homestead creditor protection?

By Juan C. Antúnez on November 28, 2011

Grisolia v. Pfeffer, — So.3d —-, 2011 WL 5864806 (Fla. 3d…
Continue Reading If a foreign national doesn’t qualify for the homestead tax exemption, is he also automatically disqualified from claiming homestead creditor protection?

What is Florida’s “nonademption” statute, and why should I care?

By Juan C. Antúnez on November 13, 2011

There are all sorts of reasons for why probate practice is interesting.
Continue Reading What is Florida’s “nonademption” statute, and why should I care?

4th DCA: Does a post-nuptial agreement trump a pre-existing will?

By Juan C. Antúnez on November 6, 2011

Steffens v. Evans, — So.3d —-, 2011 WL 4577938 (Fla. 4th…
Continue Reading 4th DCA: Does a post-nuptial agreement trump a pre-existing will?

4th DCA: Do the remainder beneficiaries of a revocable trust have standing to sue?

By Juan C. Antúnez on October 31, 2011

Siegel v. JP Morgan Chase Bank, — So.3d —-, 2011 WL…
Continue Reading 4th DCA: Do the remainder beneficiaries of a revocable trust have standing to sue?

Are “discharge clauses” in probate contingency fee agreements enforceable?

By Juan C. Antúnez on October 24, 2011

The Florida Bar ethics rules governing contingent fee agreements are found in…
Continue Reading Are “discharge clauses” in probate contingency fee agreements enforceable?

When can a probate judge assess the winning side’s attorney’s fees against a litigant for bad faith, wrongdoing or frivolousness?

By Juan C. Antúnez on October 17, 2011

In both F.S. § 733.106(4) and F.S. § 733.6175(2), a probate…
Continue Reading When can a probate judge assess the winning side’s attorney’s fees against a litigant for bad faith, wrongdoing or frivolousness?

1st DCA: Does a will without a residuary clause = partial intestacy?

By Juan C. Antúnez on October 2, 2011

Basile v. Aldrich, — So.3d —-, 2011 WL 3696309 (Fla. 1st…
Continue Reading 1st DCA: Does a will without a residuary clause = partial intestacy?

3d DCA: Is a PR entitled to due process prior to being removed by court order?

By Juan C. Antúnez on September 5, 2011

 LoCascio v. Estate of LoCascio, — So.3d —-, 2011 WL…

Continue Reading 3d DCA: Is a PR entitled to due process prior to being removed by court order?

4th DCA: can the sole beneficiary of an estate appear pro se (without an attorney) in probate proceedings involving the estate?

By Juan C. Antúnez on September 5, 2011

Lituchy v. Estate of Lituchy, — So.3d —-, 2011 WL 2135597…
Continue Reading 4th DCA: can the sole beneficiary of an estate appear pro se (without an attorney) in probate proceedings involving the estate?

FL Supreme Court sides with 1st DCA in conflict with 3d DCA: 3-month statue of limitations found in F.S. 733.212(3) applies to PR disqualification motions

By Juan C. Antúnez on September 5, 2011

Hill v. Davis, — So.3d —-, 2011 WL 3847252 (Fla. Sep…

Continue Reading FL Supreme Court sides with 1st DCA in conflict with 3d DCA: 3-month statue of limitations found in F.S. 733.212(3) applies to PR disqualification motions

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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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