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AARP Research Report: “Power of Attorney Abuse: What States Can Do About It”

By Juan C. Antúnez on February 17, 2009

Texas probate litigator J. Michael Young wrote here on his Texas Probate…

Continue Reading AARP Research Report: “Power of Attorney Abuse: What States Can Do About It”

Getting paid for defending against an assisted-suicide/Slayer Statute claim . . . but hands off the homestead

By Juan C. Antúnez on February 15, 2009

Estate of Shefner v. Shefner-Holden, — So.2d —-, 2009 WL 322153…
Continue Reading Getting paid for defending against an assisted-suicide/Slayer Statute claim . . . but hands off the homestead

2d DCA: Does a trust beneficiary have a mandatory right to intervene in litigation involving her trust?

By Juan C. Antúnez on February 12, 2009

Crescenze v. Bothe, — So.2d —-, 2009 WL 284858 (Fla. 2d…

Continue Reading 2d DCA: Does a trust beneficiary have a mandatory right to intervene in litigation involving her trust?

5th DCA: It’s official, probate litigators now have something new to worry about: the 30-day deadline applicable to motions for attorney-fees under Civ. Pro. Rule 1.525

By Juan C. Antúnez on February 6, 2009

Hays v. Lawrence, — So.2d —-, 2009 WL 211048 (Fla. 5th…

Continue Reading 5th DCA: It’s official, probate litigators now have something new to worry about: the 30-day deadline applicable to motions for attorney-fees under Civ. Pro. Rule 1.525

11th Cir: Salvation Army wins its POD case

By Juan C. Antúnez on February 4, 2009

Belanger v. Salvation Army, 2009 WL 223884 (11th Cir.(Fla.) Feb 02…

Continue Reading 11th Cir: Salvation Army wins its POD case

1st DCA: How specific does a premarital agreement have to be to defeat a surviving spouse’s claims?

By Juan C. Antúnez on February 1, 2009

Taylor v. Taylor, — So.2d —-, 2009 WL 186155 (Fla. 1st…

Continue Reading 1st DCA: How specific does a premarital agreement have to be to defeat a surviving spouse’s claims?

The Cutler En Banc Opinion: Is the Third DCA Eroding the Protection Afforded to Heirs Who Are to Receive Devises of Florida Homestead?

By Juan C. Antúnez on January 29, 2009

The Winter 2009 edition of ActionLine contains a short article entitled The Cutler…

Continue Reading The Cutler En Banc Opinion: Is the Third DCA Eroding the Protection Afforded to Heirs Who Are to Receive Devises of Florida Homestead?

Tax Results of Settling Disputes Involving Marital-Deduction (QTIP) Trusts

By Juan C. Antúnez on January 26, 2009

A "QTIP trust" allows a person’s estate to receive a 100% estate-tax marital deduction for…

Continue Reading Tax Results of Settling Disputes Involving Marital-Deduction (QTIP) Trusts

1st DCA: power of attorney authorized execution of binding arbitration agreement

By Juan C. Antúnez on January 18, 2009

Five Points Health Care, Ltd. v. Mallory, — So.2d —-, 2008…
Continue Reading 1st DCA: power of attorney authorized execution of binding arbitration agreement

Post-mediation litigation triggered by settlement agreement’s fuzzy release clause

By Juan C. Antúnez on January 3, 2009

Sandra O’Neill v. Scher, — So.2d —-, 2008 WL 5352183 (Fla.
Continue Reading Post-mediation litigation triggered by settlement agreement’s fuzzy release 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.

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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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