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Does Florida’s Slayer Statute require a murder conviction to apply?

By Juan C. Antúnez on June 30, 2022

Joaquin Perez had a life insurance policy with a death benefit of…
Continue Reading Does Florida’s Slayer Statute require a murder conviction to apply?

Do you need a court order to file a late elective-share claim?

By Juan C. Antúnez on March 21, 2022

A surviving spouse’s right to an “elective share” reflects Florida’s…
Continue Reading Do you need a court order to file a late elective-share claim?

Close up elderly senior family couple signing paper document.

If a married couple take title to their home jointly, does the deed have to say anything else to trigger the tenancy by the entireties (TBE) presumption?

By Juan C. Antúnez on January 31, 2022

Married couples take title to their homes in joint deeds all the…

Continue Reading If a married couple take title to their home jointly, does the deed have to say anything else to trigger the tenancy by the entireties (TBE) presumption?
State Puzzle

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

By Juan C. Antúnez on January 27, 2022

In our increasingly mobile society, adult guardianships often involve more than one…
Continue Reading Florida needs to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

What’s the probate look through rule and why should I care?

By Juan C. Antúnez on January 17, 2022

One of the basic building blocks of modern estate planning in Florida…

Continue Reading What’s the probate look through rule and why should I care?
Vintage Car on Havana street, Cuba

Do dead people own property? Court says NO, dismisses Helms-Burton Act claims.

By Juan C. Antúnez on November 1, 2021

Title III of the Helms-Burton Act creates a private cause of action…
Continue Reading Do dead people own property? Court says NO, dismisses Helms-Burton Act claims.

Corporate businessman tearing a contract

Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say … what?!

By Juan C. Antúnez on October 25, 2021

In 2011 the Florida legislature passed CS/HB 325, which, among other…
Continue Reading Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say … what?!

doctor-and-patient-brain-disease-concept-vector-flat-people-set-male-vector-id1313606139

Assessment of Older Adults with Diminished Capacity: A Handbook for Psychologists

By Juan C. Antúnez on October 15, 2021

A central issue driving most — if not all — will or…
Continue Reading Assessment of Older Adults with Diminished Capacity: A Handbook for Psychologists

For out-of-wedlock children, what counts as a “written acknowledgment” of paternity?

By Juan C. Antúnez on September 20, 2021

The U.S. has the world’s highest rate of children living in single-parent…

Continue Reading For out-of-wedlock children, what counts as a “written acknowledgment” of paternity?

Undue Influence: The Dutiful Child Exception

By Juan C. Antúnez on August 23, 2021

Most parents want to treat their children fairly in their estate planning,…
Continue Reading Undue Influence: The Dutiful Child Exception

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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

About this Blog

The Florida Probate & Trust Litigation Blog is authored by Juan Antúnez of Stokes McMillan Antúnez Martinez-Lejarza P.A

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