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Once removed, foreign estate administrator lost standing to pursue claims

By Juan C. Antúnez on February 24, 2007

Juega v. Davidson, — So.2d —-, 2007 WL 465523 (Fla. 3d DCA Feb…

Continue Reading Once removed, foreign estate administrator lost standing to pursue claims

You can’t sue someone else’s personal representative for breach of fiduciary duty or get fees for thwarting someone else’s testamentary intent

By Juan C. Antúnez on February 22, 2007

Harding v. Rosoff, — So.2d —-, 2007 WL 461381(Fla. 4th DCA Feb…
Continue Reading You can’t sue someone else’s personal representative for breach of fiduciary duty or get fees for thwarting someone else’s testamentary intent

Florida’s recognition of tort of intentional infliction of emotional distress caused by extreme and outrageous conduct in handling of cremation

By Juan C. Antúnez on February 20, 2007

Matsumoto v. American Burial and Cremation Services, Inc., — So.2d —-,…
Continue Reading Florida’s recognition of tort of intentional infliction of emotional distress caused by extreme and outrageous conduct in handling of cremation

Court to Trustee: go hire a lawyer!

By Juan C. Antúnez on February 20, 2007

EHQF Trust v. S & A Capital Partners, Inc. , — So.2d…
Continue Reading Court to Trustee: go hire a lawyer!

The Art of the “General Release”

By Juan C. Antúnez on February 16, 2007

Hernandez v. Gil, — So.2d. —, 2007 WL 466029 (Fla. 3d DCA Feb…

Continue Reading The Art of the “General Release”

Is there a better way to manage an irrational litigant in probate?

By Juan C. Antúnez on February 8, 2007

Simpson v. In re Estate of Norton, 2007 WL 397463 (Fla. 3d…
Continue Reading Is there a better way to manage an irrational litigant in probate?

Does a paternity adjudication trump biology?

By Juan C. Antúnez on February 2, 2007

In 2005 sixteen-year-old Jerrod Miller was shot to death by a Delray…
Continue Reading Does a paternity adjudication trump biology?

Divorce + Life Insurance Payments to Ex’ = Probate Litigation

By Juan C. Antúnez on January 27, 2007

Spoerr v. Manhattan Natl. Life Ins. Co., 2007 WL 128815 (S.D.Fla.
Continue Reading Divorce + Life Insurance Payments to Ex’ = Probate Litigation

Fraud trumps “technical deficiencies” when validating land trusts

By Juan C. Antúnez on January 25, 2007

Keller v. Estate of Keller, 2007 WL 162770 (Fla. 4th DCA …
Continue Reading Fraud trumps “technical deficiencies” when validating land trusts

Another probate court gets reversed for failing to appoint the testator’s designated personal representative

By Juan C. Antúnez on January 23, 2007

It was only about a month ago that I wrote here about…

Continue Reading Another probate court gets reversed for failing to appoint the testator’s designated personal representative

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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

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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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