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Second DCA to Probate Court: Don’t Rewrite the Will!

By Juan C. Antúnez on June 27, 2006

Owens v. Estate of Davis, ex rel. Holzauser, __ So.2d __,…
Continue Reading Second DCA to Probate Court: Don’t Rewrite the Will!

Botched Will Provision Unlawfully Devising 34-Acre Farm Leads to Litigation

By Juan C. Antúnez on June 23, 2006

Vinson v. Johnson, __ So.2d __, 2006 WL 1650609 (Fla. 1st…

Continue Reading Botched Will Provision Unlawfully Devising 34-Acre Farm Leads to Litigation

Trustee Sued for Breach of Trust Must Pay Back All Attorneys Fees to Trust

By Juan C. Antúnez on June 7, 2006

Brigham v. Brigham, __ So.2d __ (Fla. 3d DCA May 31,…
Continue Reading Trustee Sued for Breach of Trust Must Pay Back All Attorneys Fees to Trust

Florida’s “Family Member” Evidentiary Presumption

By Juan C. Antúnez on May 28, 2006

Della Ratta v. Della Ratta, 2006 WL 1235760, 31 Fla. L.
Continue Reading Florida’s “Family Member” Evidentiary Presumption

Domicile vs. Jurisdiction

By Juan C. Antúnez on April 27, 2006

Pastor v. Pastor, __ So.2d __ (Fla. 4th DCA April 19,…
Continue Reading Domicile vs. Jurisdiction

Forgetting That Wrongful Death Claims Are Litigated Within the Context of Probate Proceedings Can Be a VERY Costly Mistake

By Juan C. Antúnez on April 23, 2006

Second DCA Reverses Trial Court’s Grant of $410,300 in Attorneys’ Fees

Martinez …
Continue Reading Forgetting That Wrongful Death Claims Are Litigated Within the Context of Probate Proceedings Can Be a VERY Costly Mistake

Unclaimed Property: When in Doubt, Who Gets It?

By Juan C. Antúnez on April 7, 2006

In re Estate of Faskowitz, __ So.2d __ (Fla. 2d DCA…
Continue Reading Unclaimed Property: When in Doubt, Who Gets It?

Third DCA Reverses Itself on Homestead Waiver Case

By Juan C. Antúnez on April 7, 2006

Demayo v. Chames, __ So.2d __ (Fla. 3d DCA Mar 15,…
Continue Reading Third DCA Reverses Itself on Homestead Waiver Case

Denial of Motion to Dismiss Is NOT an Appealable Order

By Juan C. Antúnez on March 17, 2006

Somogyi v. Nevai, __ So.2d __ (Fla. 4th DCA Feb 22,…
Continue Reading Denial of Motion to Dismiss Is NOT an Appealable Order

Court to Pro Se Litigant: “Go Hire a Lawyer”

By Juan C. Antúnez on March 13, 2006

Benedetto v. Columbia Park Healthcare Systems, 922 So.2d 416 (Fla. 5th DCA…
Continue Reading Court to Pro Se Litigant: “Go Hire a Lawyer”

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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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