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5th DCA: Probate court doesn’t have jurisdiction over a trustee just because he happens to be in the room during a contested probate proceeding

By Juan C. Antúnez on March 29, 2008

Chaffin v. Overstreet, — So.2d —-, 2008 WL 678664 (Fla. 5th DCA Mar…

Continue Reading 5th DCA: Probate court doesn’t have jurisdiction over a trustee just because he happens to be in the room during a contested probate proceeding

Why do-it-yourself estate planning can lead to unintended consequences for homestead property

By Juan C. Antúnez on March 22, 2008

Clemons v. Thornton, — So.2d —-, 2008 WL 624863 (Fla. 1st…
Continue Reading Why do-it-yourself estate planning can lead to unintended consequences for homestead property

4th DCA: Probate court’s discretion to vacate a prior pro hac vice order is NOT absolute

By Juan C. Antúnez on March 18, 2008

Brooks v. AMP Services Ltd., — So.2d —-, 2008 WL 373423…

Continue Reading 4th DCA: Probate court’s discretion to vacate a prior pro hac vice order is NOT absolute

4th DCA: What to do when a will violates the terms of a divorce settlement agreement

By Juan C. Antúnez on March 12, 2008

Perry v. Perry, — So.2d —-, 2008 WL 588901 (Fla. 4th DCA …
Continue Reading 4th DCA: What to do when a will violates the terms of a divorce settlement agreement

4th DCA: PR can’t have it both ways when suing trustee over promissory note gone bad: PR must elect her remedy

By Juan C. Antúnez on March 9, 2008

Young v. Kurlansik, — So.2d —-, 2008 WL 508427 (Fla. 4th DCA Feb…
Continue Reading 4th DCA: PR can’t have it both ways when suing trustee over promissory note gone bad: PR must elect her remedy

Notice of new probate-related FL opinion: Commentary to follow:

By Juan C. Antúnez on March 7, 2008
  • 4th DCA: Perry v. Perry, — So.2d —-, 2008 WL 588901

…
Continue Reading Notice of new probate-related FL opinion: Commentary to follow:

Once the presumption arises, the undue influence issue cannot be determined in a summary judgment proceeding

By Juan C. Antúnez on March 2, 2008

How a will contest is framed can make all the difference in…

Continue Reading Once the presumption arises, the undue influence issue cannot be determined in a summary judgment proceeding

1st & 4th DCAs on managing the vexatious pro se litigant in probate litigation

By Juan C. Antúnez on February 24, 2008

Our court system relies in large part on voluntary compliance with the…
Continue Reading 1st & 4th DCAs on managing the vexatious pro se litigant in probate litigation

Notice of new probate-related FL opinions: Commentary to follow:

By Juan C. Antúnez on February 18, 2008
  • 2d DCA: RBC Ministries v. Tompkins, — So.2d —-, 2008

…
Continue Reading Notice of new probate-related FL opinions: Commentary to follow:

3d DCA: Does secretarial oversight = “excusable neglect” for blowing a deadline date in probate?

By Juan C. Antúnez on February 17, 2008

In re Estate of Cummins, — So.2d —-, 2008 WL 373414…
Continue Reading 3d DCA: Does secretarial oversight = “excusable neglect” for blowing a deadline date in probate?

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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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