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UK insurance giant Lloyd’s of London stymied by strategic use of Florida’s 2-year non-claim statute

By Juan C. Antúnez on February 18, 2010

An overarching theme of Florida’s probate code is the tension between basic…

Continue Reading UK insurance giant Lloyd’s of London stymied by strategic use of Florida’s 2-year non-claim statute

2d DCA: Employing beneficiaries as service providers to boost access to trust funds

By Juan C. Antúnez on February 8, 2010

Burgess v. Prince, — So.3d —-, 2010 WL 199422 (Fla. 2d…

Continue Reading 2d DCA: Employing beneficiaries as service providers to boost access to trust funds

Florida’s Statutory Fix: Race To Clean Up Congress’ Estate Tax Mess

By Juan C. Antúnez on February 4, 2010

As reported by Forbes in States Race To Clean Up Congress’ Estate…

Continue Reading Florida’s Statutory Fix: Race To Clean Up Congress’ Estate Tax Mess

5th DCA: Will voluntary financial disclosure – if inaccurate or fraudulent – invalidate a prenuptial agreement dealing solely with inheritance rights?

By Juan C. Antúnez on February 2, 2010

Foster v. Estate of Gomes, — So.3d —-, 2010 WL 322170…
Continue Reading 5th DCA: Will voluntary financial disclosure – if inaccurate or fraudulent – invalidate a prenuptial agreement dealing solely with inheritance rights?

Can “unilateral mistake” get a probate litigant out of a settlement agreement?

By Juan C. Antúnez on February 1, 2010

We’ve all been there: you’ve been locked in mediation for hours and…

Continue Reading Can “unilateral mistake” get a probate litigant out of a settlement agreement?

3d DCA: When will an appellate court reverse a probate judge on a pure fact question?

By Juan C. Antúnez on January 19, 2010

Estate of Madrigal v. Madrigal, — So.3d —-, 2009 WL 4061747…

Continue Reading 3d DCA: When will an appellate court reverse a probate judge on a pure fact question?

If I’m a reasonably ascertainable creditor and the estate didn’t give me notice, do I get a free pass for filing a late claim?

By Juan C. Antúnez on January 11, 2010

Morgenthau v. Estate of Andzel, — So.3d —-, 2009 WL 5151741…
Continue Reading If I’m a reasonably ascertainable creditor and the estate didn’t give me notice, do I get a free pass for filing a late claim?

Trap for the Unwary: Florida’s ultra-short limitations periods for probate creditor claims

By Juan C. Antúnez on December 31, 2009

Plaintiffs suing estates often fail to realize that they’re really litigating their…

Continue Reading Trap for the Unwary: Florida’s ultra-short limitations periods for probate creditor claims

Probate Litigators Need to Know about the New IRS Regulations under Section 2053 Governing Estate Tax Deductions for Administration Expenses and Claims Against Estates

By Juan C. Antúnez on December 24, 2009

At a top current rate of 45%, the federal estate tax…

Continue Reading Probate Litigators Need to Know about the New IRS Regulations under Section 2053 Governing Estate Tax Deductions for Administration Expenses and Claims Against Estates

3dDCA: Default judgements as discovery sanction in probate litigation

By Juan C. Antúnez on December 21, 2009

Buroz-Henriquez v. De Buroz, — So.3d —-, 2009 WL 3271354 (Fla.

Continue Reading 3dDCA: Default judgements as discovery sanction in probate litigation

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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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