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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.

Continue Reading When does a court have continuing jurisdiction over a trust?

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…

Continue Reading LLC Operating Agreement vs Will. Who wins?

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?

Does Florida’s Slayer Statute require a murder conviction to apply?

By Juan C. Antúnez on June 30, 2022

Joaquin Perez had a life insurance policy with a death benefit of…
Continue Reading Does Florida’s Slayer Statute require a murder conviction to apply?

Vintage detective looking through a magnifier

What’s the probate look through rule and why should I care?

By Juan C. Antúnez on January 17, 2022

One of the basic building blocks of modern estate planning in Florida…
Continue Reading What’s the probate look through rule and why should I care?

Vintage Car on Havana street, Cuba

Do dead people own property? Court says NO, dismisses Helms-Burton Act claims.

By Juan C. Antúnez on November 1, 2021

Title III of the Helms-Burton Act creates a private cause of action…
Continue Reading Do dead people own property? Court says NO, dismisses Helms-Burton Act claims.

For out-of-wedlock children, what counts as a “written acknowledgment” of paternity?

By Juan C. Antúnez on September 20, 2021

The U.S. has the world’s highest rate of children living in single-parent …
Continue Reading For out-of-wedlock children, what counts as a “written acknowledgment” of paternity?

Federal Courtroom

When can you litigate your inheritance case in federal court?

By Juan C. Antúnez on August 2, 2021

Prof. John Langbein recently wrote, “In modern American practice the state-operated…

Continue Reading When can you litigate your inheritance case in federal court?

What’s “Section 1782” and why should probate attorneys care?

By Juan C. Antúnez on April 19, 2021

Increasing numbers of people have connections with one country, but live and…
Continue Reading What’s “Section 1782” and why should probate attorneys care?

Male sommelier pouring white wine into long-stemmed wineglasses.

When to “decant” a trust. It’s getting easier to modify irrevocable trusts. Here’s how it works.

By Juan C. Antúnez on December 22, 2020

If you’re working with the trustee of an irrevocable trust that needs…
Continue Reading When to “decant” a trust. It’s getting easier to modify irrevocable trusts. Here’s how it works.

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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.

    2023 . . . The Year in Review

    2022 . . . 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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