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4th DCA: Can you challenge a settlor’s removal of funds from her own revocable trust on undue influence grounds?

By Juan C. Antúnez on May 31, 2009

MacIntyre, ex rel. Wedrall Trust v. Wedell, — So.3d —-, 2009…

Continue Reading 4th DCA: Can you challenge a settlor’s removal of funds from her own revocable trust on undue influence grounds?

M.D.Fla.: Limitations periods applicable to estate creditors don’t apply to the IRS

By Juan C. Antúnez on May 15, 2009

U.S. v. Guyton, Slip Copy, 2009 WL 1308431 (M.D.Fla. May 08…

Continue Reading M.D.Fla.: Limitations periods applicable to estate creditors don’t apply to the IRS

3d DCA on when a probate judge can be disqualified for being biased

By Juan C. Antúnez on May 8, 2009

Blake v. Waks, — So.3d —-, 2009 WL 1212242 (Fla. 3d…

Continue Reading 3d DCA on when a probate judge can be disqualified for being biased

Do you have to live in a house for it to be your homestead?

By Juan C. Antúnez on May 5, 2009

Bayview Loan Servicing, LLC v. Giblin, — So.3d —-, 2009 WL…
Continue Reading Do you have to live in a house for it to be your homestead?

2d DCA explains Florida’s trust-merger doctrine

By Juan C. Antúnez on April 28, 2009

Hansen v. Bothe, — So.3d —-, 2009 WL 1066296 (Fla. 2d…
Continue Reading 2d DCA explains Florida’s trust-merger doctrine

3d DCA reverses itself on standing of discharged foreign executor to sue in Florida

By Juan C. Antúnez on April 20, 2009

Juega ex rel. Estate of Davidson v. Davidson, — So.2d —-,…
Continue Reading 3d DCA reverses itself on standing of discharged foreign executor to sue in Florida

2007 Probate Court Filing Statistics

By Juan C. Antúnez on April 9, 2009

Here are the 2007 stat’s for the probate courts in Dade, Broward …
Continue Reading 2007 Probate Court Filing Statistics

Are land trusts subject to the Florida Trust Code’s conflict-of-interest rules?

By Juan C. Antúnez on April 4, 2009

Brigham v. Brigham, — So.2d —-, 2009 WL 454492 (Fla. 3d…
Continue Reading Are land trusts subject to the Florida Trust Code’s conflict-of-interest rules?

5th DCA: How do you litigate examining committee findings?

By Juan C. Antúnez on March 26, 2009

Levine v. Levine, — So.2d —-, 2009 WL 482260 (Fla. 5th…
Continue Reading 5th DCA: How do you litigate examining committee findings?

Florida needs to adopt the Adult Guardianship and Protective Proceedings Jurisdiction Act

By Juan C. Antúnez on March 17, 2009

The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) addresses a…
Continue Reading Florida needs to adopt the Adult Guardianship and Protective Proceedings Jurisdiction Act

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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

    2024 … The Year in Review

    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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