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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?

Trustees as investment managers: It’s not whether you win or lose, it’s how you play the game

By Juan C. Antúnez on April 10, 2011

The statue at the heart of the Figel case is F.S. 518.11…

Continue Reading Trustees as investment managers: It’s not whether you win or lose, it’s how you play the game

Are the assets of an LLC assets of the probate estate?

By Juan C. Antúnez on March 6, 2011

Most civil litigators (and judges) spend most of their professional lives involved…

Continue Reading Are the assets of an LLC assets of the probate estate?
Gavel on bankruptcy Law books

Can you time an elective share claim to gain an advantage in bankruptcy?

By Juan C. Antúnez on February 27, 2011

In re Miller, — B.R. —-, 2010 WL 5184798 (Bkrtcy.S.D.Fla.2010)

Assume…
Continue Reading Can you time an elective share claim to gain an advantage in bankruptcy?

What is a Totten Trust?

By Juan C. Antúnez on February 2, 2011

Beane v. Suntrust Banks, Inc., — So.3d —-, 2010 WL 4483472…
Continue Reading What is a Totten Trust?

1st DCA: Suing over life insurance policy’s change-of-beneficiary forms? Better read the contract

By Juan C. Antúnez on January 31, 2011

O’Brien v. McMahon, — So.3d —-, 2010 WL 3909644 (Fla. 1st…
Continue Reading 1st DCA: Suing over life insurance policy’s change-of-beneficiary forms? Better read the contract

Does homestead property in marital trust lose its creditor protection?

By Juan C. Antúnez on January 11, 2011

This is the second time the 3d DCA has weighed in on…
Continue Reading Does homestead property in marital trust lose its creditor protection?

Great charts summarizing new Estate, Gift and GST Tax rules

By Juan C. Antúnez on January 4, 2011

On December 17, 2010, President Obama signed H.R. 4853, the Middle…

Continue Reading Great charts summarizing new Estate, Gift and GST Tax rules

4th DCA: If you want to get a court order compelling someone to deposit a will, do you have to give that person notice of the hearing and an opportunity to be heard?

By Juan C. Antúnez on December 31, 2010

Rossen v. Bilchik, — So.3d —-, 2010 WL 4628288 (Fla. 4th…

Continue Reading 4th DCA: If you want to get a court order compelling someone to deposit a will, do you have to give that person notice of the hearing and an opportunity to be heard?

3d DCA: Are gifts to in-laws saved by Florida’s anti-lapse statute?

By Juan C. Antúnez on December 31, 2010

Lorenzo v. Medina, — So.3d —-, 2010 WL 4483470 (Fla. 3d…
Continue Reading 3d DCA: Are gifts to in-laws saved by Florida’s anti-lapse statute?

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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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