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Is a surviving spouse’s community-property claim subject to the filing deadlines for probate “creditor” claims?

By Juan C. Antúnez on January 14, 2019

Florida remains the largest recipient of state-to-state migration in the US…

Continue Reading Is a surviving spouse’s community-property claim subject to the filing deadlines for probate “creditor” claims?

What’s it take to haul an Illinois estate planner into a Florida courtroom for malpractice?

By Juan C. Antúnez on December 17, 2018

Florida remains the largest recipient of state-to-state migration in the US,…
Continue Reading What’s it take to haul an Illinois estate planner into a Florida courtroom for malpractice?

What’s it take to make sure a trustee/beneficiary settlement agreement’s binding?

By Juan C. Antúnez on December 4, 2018

The family at the center of this case made its money investing…

Continue Reading What’s it take to make sure a trustee/beneficiary settlement agreement’s binding?

2018 Legislative Update: Elder Law and Guardianship (+ Backstories)

By Juan C. Antúnez on November 13, 2018

Here’s my summary of what happened legislatively in 2018 on the elder…
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Can you “reform” an Illinois trust so it complies with Florida’s execution requirements?

By Juan C. Antúnez on January 28, 2018

If you or your attorney make a mistake when drafting your revocable…

Continue Reading Can you “reform” an Illinois trust so it complies with Florida’s execution requirements?

Does Florida’s “delayed discovery doctrine” apply to undue influence claims?

By Juan C. Antúnez on December 30, 2017

Your favorite probate lawyer calls; she’s got a potential trust case for…

Continue Reading Does Florida’s “delayed discovery doctrine” apply to undue influence claims?

If you kill someone in self defense, can you still collect on their life insurance policy?

By Juan C. Antúnez on December 10, 2017

If you murder someone, you can’t collect on their life insurance policy.
Continue Reading If you kill someone in self defense, can you still collect on their life insurance policy?

When do you have to give notice if you’re trying to get your attorney’s fees paid from a trust under F.S. 736.1005?

By Juan C. Antúnez on November 13, 2017

If you’re the trustee of a trust, F.S. 736.0816(20) tells us you’re…
Continue Reading When do you have to give notice if you’re trying to get your attorney’s fees paid from a trust under F.S. 736.1005?

Marriage, Guardianships . . . and the Power of Framing

By Juan C. Antúnez on October 4, 2017

Smith v. Smith, — So.3d —-, 2017 WL 3774702 (Fla. August…
Continue Reading Marriage, Guardianships . . . and the Power of Framing

2017 legislative news: Big Changes to Florida’s Elective Share Statutes

By Juan C. Antúnez on September 16, 2017

If you’re a working probate attorney, elective share claims loom large in…
Continue Reading 2017 legislative news: Big Changes to Florida’s Elective Share Statutes

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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

About this Blog

The Florida Probate & Trust Litigation Blog is authored by Juan Antúnez of Stokes McMillan Antúnez Martinez-Lejarza P.A

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