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Does a trustee’s breach of fiduciary duty — without evidence of fraud or malice — warrant punitive damages?

By Juan C. Antúnez on March 30, 2025

In 2022 the Florida Rules of Appellate Procedure changed to allow district…

Continue Reading Does a trustee’s breach of fiduciary duty — without evidence of fraud or malice — warrant punitive damages?

What’s a “convenience account” and why should probate attorneys care?

By Juan C. Antúnez on January 13, 2025

In today’s world the vast majority of inherited wealth gets transferred from…

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Are trustees and beneficiaries of a decedent’s trust “interested persons” of his probate estate?

By Juan C. Antúnez on December 2, 2024

Our probate code uses the “interested person” concept to ensure that anyone…

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Is the appointment of a personal representative a precondition to filing a rule 1.260 motion to substitute?

By Juan C. Antúnez on October 15, 2024

If you’re litigating a case and the defendant dies, the last thing…

Continue Reading Is the appointment of a personal representative a precondition to filing a rule 1.260 motion to substitute?

Constructive Trust: Remedy, Cause of Action, or Both?

By Juan C. Antúnez on October 13, 2024

I was recently in a contested court hearing where a smart and…

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Are assets of a decedent’s single-member LLC assets of her probate estate?

By Juan C. Antúnez on August 12, 2024

In probate proceedings how assets are titled is a big deal. While…

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What’s the “probate exception” and why should trusts and estates litigators care?

By Juan C. Antúnez on November 5, 2023

There are all sorts of reasons for why you may want to…

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When does a court have continuing jurisdiction over a trust?

By Juan C. Antúnez on January 9, 2023

The procedural ground rules governing probate and trust litigation are very different.

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LLC Operating Agreement vs Will. Who wins?

By Juan C. Antúnez on August 29, 2022

If ownership of a business asset is contested in an estate, the…

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Is there a workaround to Florida’s inequitable treatment of middle-aged adults contesting paternity for the first time in probate?

By Juan C. Antúnez on July 11, 2022

Probate litigation often turns on a person’s claimed “status” as a decedent’s …

Continue Reading Is there a workaround to Florida’s inequitable treatment of middle-aged adults contesting paternity for the first time in probate?

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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.

    FY 2023-24 Probate Court Filing Statistics: How busy are our probate judges?

    2025 … The Year in Review

    2024 … 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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