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3d DCA: Trust agreement trumps power-of-attorney in probate litigation

By Juan C. Antúnez on December 22, 2007

Gurfinkel v. Josi, — So.2d —-, 2007 WL 4322156 (Fla. 3d DCA Dec…
Continue Reading 3d DCA: Trust agreement trumps power-of-attorney in probate litigation

US SD.FL: Example of POA granting power to change the named beneficiary of an insurance policy

By Juan C. Antúnez on December 22, 2007

Liberty Life Assur. Co. of Boston v. Miller, 2007 WL 4233547…
Continue Reading US SD.FL: Example of POA granting power to change the named beneficiary of an insurance policy

Contingent fees in probate litigation: $42 million payday upheld on appeal

By Juan C. Antúnez on December 13, 2007

The Florida Bar ethics rules governing contingent fee agreements are found in…

Continue Reading Contingent fees in probate litigation: $42 million payday upheld on appeal

4th DCA: Fatally flawed procedural/evidentiary record leads to stunning reversal of all trial-court wins in contested guardianship proceeding

By Juan C. Antúnez on December 12, 2007

Graham v. Florida Dept. of Children and Families, — So.2d —-,…
Continue Reading 4th DCA: Fatally flawed procedural/evidentiary record leads to stunning reversal of all trial-court wins in contested guardianship proceeding

Income Tax Planning in Probate: IRS Rules Gain from Post-Death Sale of Decedent’s Real Property under Pre-Death Contract Wasn’t IRD

By Juan C. Antúnez on December 4, 2007

Clients are often surprised to learn that, for the most part, inherited…
Continue Reading Income Tax Planning in Probate: IRS Rules Gain from Post-Death Sale of Decedent’s Real Property under Pre-Death Contract Wasn’t IRD

The wife of missing adventurer Steve Fossett has asked a court to declare him dead

By Juan C. Antúnez on November 28, 2007

In Florida a death certificate is prima facie proof of the “fact…

Continue Reading The wife of missing adventurer Steve Fossett has asked a court to declare him dead

The 11th Circuit on estate tax valuation discounts; dissent decries “doctrine of ignoble ease”

By Juan C. Antúnez on November 22, 2007

Estate of Jelke v. C.I.R., — F.3d —-, 2007 WL 3378539…
Continue Reading The 11th Circuit on estate tax valuation discounts; dissent decries “doctrine of ignoble ease”

‘Vexatious’ Attorney Conduct Results in Removal of Executor

By Juan C. Antúnez on November 12, 2007

The statute governing removal of personal representatives ("PR") in Florida is 733.504…

Continue Reading ‘Vexatious’ Attorney Conduct Results in Removal of Executor

The Trustee’s Duty to Inform and Report Under Florida’s New Trust Code

By Juan C. Antúnez on November 10, 2007

At its core, the job of trustee is as much about keeping…
Continue Reading The Trustee’s Duty to Inform and Report Under Florida’s New Trust Code

PROBATE

Creditor claims in probate: substance trumps form

By Juan C. Antúnez on October 29, 2007

Florida law doesn’t cut creditors any slack when it comes to blowing…

Continue Reading Creditor claims in probate: substance trumps form

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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

      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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