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Is a court-appointed guardian of the property necessary to exercise a minor’s vote in the appointment of a PR?

By Juan C. Antúnez on September 5, 2011

Most people (including most lawyers) assume that a minor’s parents, i.e., a…
Continue Reading Is a court-appointed guardian of the property necessary to exercise a minor’s vote in the appointment of a PR?

Effective October 1, 2011, Florida will be the latest state to adopt the Uniform Power of Attorney Act

By Juan C. Antúnez on July 19, 2011

In 2008 the AARP’s Public Policy Institute published a provocative report entitled…
Continue Reading Effective October 1, 2011, Florida will be the latest state to adopt the Uniform Power of Attorney Act

Fla.S.Ct: Decedent’s marital settlement agreement vs. beneficiary designation form: Who wins?

By Juan C. Antúnez on July 3, 2011

Crawford v. Barker, — So.3d —-, 2011 WL 2224808 (Fla. Jun…
Continue Reading Fla.S.Ct: Decedent’s marital settlement agreement vs. beneficiary designation form: Who wins?

Are the assets of a PA assets of the probate estate?

By Juan C. Antúnez on June 5, 2011

When a business owner passes away you may be asked if this…

Continue Reading Are the assets of a PA assets of the probate estate?

5th DCA: Do the beneficiaries of a life insurance trust have to have an “insurable interest” in the life of the person being insured?

By Juan C. Antúnez on May 30, 2011

TTSI Irrevocable Trust v. Reliastar Life Ins. Co., — So.3d —-, 2011…
Continue Reading 5th DCA: Do the beneficiaries of a life insurance trust have to have an “insurable interest” in the life of the person being insured?

Homestead rights evaporate at death if property was owned as a joint tenancy with right of survivorship

By Juan C. Antúnez on May 22, 2011

Marger v. De Rosa, — So.3d —-, 2011 WL 252942 (Fla.
Continue Reading Homestead rights evaporate at death if property was owned as a joint tenancy with right of survivorship

Theory vs. reality: what’s it take to fix a drafting error in a trust agreement?

By Juan C. Antúnez on May 9, 2011

The last time I wrote about the Reid case the issue was…
Continue Reading Theory vs. reality: what’s it take to fix a drafting error in a trust agreement?

real estate law

Can husband and wife waive homestead rights by merely signing a joint deed?

By Juan C. Antúnez on April 24, 2011

Habeeb v. Linder, — So.3d —-, 2011 WL 613392 (Fla. 3d…
Continue Reading Can husband and wife waive homestead rights by merely signing a joint deed?

Divorce + Equitable Distribution + Irrevocable Trusts = ??

By Juan C. Antúnez on April 19, 2011

As I previously wrote here, irrevocable dynasty trusts are all the…

Continue Reading Divorce + Equitable Distribution + Irrevocable Trusts = ??

5th DCA: Can a decedent release a debt owed to him through a debt forgiveness clause in his will if his estate is insolvent?

By Juan C. Antúnez on April 13, 2011

Lauritsen v. Wallace, — So.3d —-, 2011 WL 1195873 (Fla. 5th…
Continue Reading 5th DCA: Can a decedent release a debt owed to him through a debt forgiveness clause in his will if his estate is insolvent?

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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

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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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