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How to litigate ownership of “bearer” shares in probate

By Juan C. Antúnez on March 11, 2009

If someone’s holding “bearer” shares in some offshore company, I assume they’re…
Continue Reading How to litigate ownership of “bearer” shares in probate

M.D.Fla: What to do when your bank pays out trust funds to the wrong guy?

By Juan C. Antúnez on February 26, 2009

Fintak v. Wachovia Bank, N.A., Slip Copy, 2009 WL 413599 (M.D.Fla.

Continue Reading M.D.Fla: What to do when your bank pays out trust funds to the wrong guy?

11th Cir: Salvation Army wins its POD case

By Juan C. Antúnez on February 4, 2009

Belanger v. Salvation Army, 2009 WL 223884 (11th Cir.(Fla.) Feb 02…

Continue Reading 11th Cir: Salvation Army wins its POD case

S.D.Fla. judge says “enough already!” to vexatious trusts-and-estates litigant

By Juan C. Antúnez on November 22, 2008

Barash v. Kates, — F.Supp.2d —-, 2008 WL 4922787 (S.D.Fla. Jun…

Continue Reading S.D.Fla. judge says “enough already!” to vexatious trusts-and-estates litigant

Why knowing the difference between in rem and personal jurisdiction matters in probate proceedings

By Juan C. Antúnez on November 14, 2008

Sometimes it pays to step back and review the basics, like the…

Continue Reading Why knowing the difference between in rem and personal jurisdiction matters in probate proceedings

4th DCA says NO to compulsory medical examination of 88-year old man caught up in someone else’s litigation

By Juan C. Antúnez on October 19, 2008

Urbanek v. Hopkins, — So.2d —-, 2008 WL 4489266 (Fla. 4th…

Continue Reading 4th DCA says NO to compulsory medical examination of 88-year old man caught up in someone else’s litigation

Probate court reversed for improperly dismissing a petition to probate a lost or destroyed will

By Juan C. Antúnez on August 15, 2008

LaCalle v. Barquin, — So.2d —-, 2008 WL 3358300 (Fla. 3d DCA Aug…
Continue Reading Probate court reversed for improperly dismissing a petition to probate a lost or destroyed will

Can you enforce a California constructive-trust judgment against a Florida homestead?

By Juan C. Antúnez on July 18, 2008

Hirchert v. Hirchert Family Trust, — So.2d —-, 2008 WL 2695897…
Continue Reading Can you enforce a California constructive-trust judgment against a Florida homestead?

“Constructive trust” + “quasi in rem jurisdiction” = tool for recovering probate assets when the doors of the probate courthouse are closed to you

By Juan C. Antúnez on July 13, 2008

What do you do if an heir shows up after the probate…

Continue Reading “Constructive trust” + “quasi in rem jurisdiction” = tool for recovering probate assets when the doors of the probate courthouse are closed to you

1st DCA: Pending action to partition a joint tenancy with right of survivorship does NOT survive one joint tenant’s death

By Juan C. Antúnez on July 3, 2008

Mercurio v. Headrick, — So.2d —-, 2008 WL 2434193 (Fla. 1st…

Continue Reading 1st DCA: Pending action to partition a joint tenancy with right of survivorship does NOT survive one joint tenant’s death

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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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