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Surviving spouse trapped by life estate she can’t afford

By Juan C. Antúnez on February 16, 2008

This case is the latest example of the lopsided unfairness resulting from…

Continue Reading Surviving spouse trapped by life estate she can’t afford

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

By Juan C. Antúnez on February 14, 2008
  • 3d DCA: In re Estate of Cummins, — So.2d —-,

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

2d DCA: When can you successfully void a deed on summary judgment?

By Juan C. Antúnez on February 11, 2008

McKoy v. DeSilvio, — So.2d —-, 2008 WL 343255 (Fla. 2d DCA Feb…
Continue Reading 2d DCA: When can you successfully void a deed on summary judgment?

4th DCA: Dealing with pro se litigants in trust litigation: when to say NO to a motion to amend

By Juan C. Antúnez on February 9, 2008

Barrett v. Barrett, — So.2d —-, 2008 WL 239032 (Fla. 4th…
Continue Reading 4th DCA: Dealing with pro se litigants in trust litigation: when to say NO to a motion to amend

4th DCA: Cost awards in probate litigation

By Juan C. Antúnez on February 5, 2008

Nasser v. Nasser, — So.2d —-, 2008 WL 239073 (Fla. 4th…

Continue Reading 4th DCA: Cost awards in probate litigation

2d DCA: Arbitration agreement fails if power of attorney did not expressly authorize it

By Juan C. Antúnez on January 30, 2008

In re Estate of McKibbin, — So.2d —-, 2008 WL 161322…
Continue Reading 2d DCA: Arbitration agreement fails if power of attorney did not expressly authorize it

What if you file a caveat and the local Clerk’s Office messes up and fails to provide you with notice?

By Juan C. Antúnez on January 28, 2008

Wheeler v. Powers, — So.2d —-, 2008 WL 160881 (Fla. 5th…

Continue Reading What if you file a caveat and the local Clerk’s Office messes up and fails to provide you with notice?

Is a will invalid if one of the witnesses is an “interested” party?

By Juan C. Antúnez on January 25, 2008

Is a will invalid if one of the witnesses is an “interested” party? …

Continue Reading Is a will invalid if one of the witnesses is an “interested” party?

5th DCA: Motion to strike does not qualify as an “objection” to creditor’s claim

By Juan C. Antúnez on January 23, 2008

Fernandez-Fox v. Estate Of Lindsay, — So.2d —-, 2008 WL 160920…
Continue Reading 5th DCA: Motion to strike does not qualify as an “objection” to creditor’s claim

FL SCT: Florida’s land-trust law survives bankruptcy challenge

By Juan C. Antúnez on January 21, 2008

Raborn v. Menotte, — So.2d —-, 2008 WL 90037 (Fla. Jan…
Continue Reading FL SCT: Florida’s land-trust law survives bankruptcy challenge

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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

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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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