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4th DCA: What’s a “cestui que trust” and can it sue my trustee client?!

By Juan C. Antúnez on December 14, 2009

Wells v. Wells, — So.3d —-, 2009 WL 2949277 (Fla. 4th…

Continue Reading 4th DCA: What’s a “cestui que trust” and can it sue my trustee client?!

4th DCA: Can a life tenant/trustee be held personally liable for damages?

By Juan C. Antúnez on December 7, 2009

Vaughn v. Boerckel, — So.3d —-, 2009 WL 3364856 (Fla. 4th…

Continue Reading 4th DCA: Can a life tenant/trustee be held personally liable for damages?

2d DCA: Can estate creditors strike sweetheart side deals that cut out the PR?

By Juan C. Antúnez on November 23, 2009

Copeland v. Buswell, — So.3d —-, 2009 WL 2243701 (Fla. 2d…

Continue Reading 2d DCA: Can estate creditors strike sweetheart side deals that cut out the PR?

Can a probate judge boot a recalcitrant cotenant out of homestead property?

By Juan C. Antúnez on November 16, 2009

Buettner v. Fass, — So.3d —-, 2009 WL 3446478 (Fla. 4th…
Continue Reading Can a probate judge boot a recalcitrant cotenant out of homestead property?

Is Florida’s slayer statute equivalent to a forfeiture statute, awarding all of a killer’s property to the estate of the victim?

By Juan C. Antúnez on November 8, 2009

Silvia Locascio’s brutally beaten corpse was found in her home on October…
Continue Reading Is Florida’s slayer statute equivalent to a forfeiture statute, awarding all of a killer’s property to the estate of the victim?

Gavel on bankruptcy Law books

Bankr.S.D.Fla: Judgment against former trustee NOT dischargeable in bankruptcy

By Juan C. Antúnez on October 30, 2009

In re Barrett, Slip Copy, 2009 WL 2448153 (Bankr. S.D.Fla. Aug…
Continue Reading Bankr.S.D.Fla: Judgment against former trustee NOT dischargeable in bankruptcy

4th DCA: Spousal Joint Ownership: Legal Presumptions vs. Antenuptial Agreements: Who Wins?

By Juan C. Antúnez on October 25, 2009

Turchin v. Turchin, — So.3d —-, 2009 WL 2871564 (Fla. 4th…
Continue Reading 4th DCA: Spousal Joint Ownership: Legal Presumptions vs. Antenuptial Agreements: Who Wins?

Minimizing a Personal Representative’s Personal Liability to Pay Taxes

By Juan C. Antúnez on October 19, 2009

I’ve recently been lecturing on tax issues in play in probate and…

Continue Reading Minimizing a Personal Representative’s Personal Liability to Pay Taxes

3d DCA: Will Construction Litigation as Morality Play

By Juan C. Antúnez on October 12, 2009

Chin v. Estate of Chin, — So.3d —-, 2009 WL 2382326…
Continue Reading 3d DCA: Will Construction Litigation as Morality Play

Illinois Supreme Court upholds “Jewish Clause”

By Juan C. Antúnez on October 6, 2009

I previously wrote here about the so-called “Jewish Clause” at the heart…
Continue Reading Illinois Supreme Court upholds “Jewish Clause”

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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

      Click here for prior years

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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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