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3d DCA: Genuine issues of material fact existed as to whether petitioners were legitimate heirs of decedent, precluding summary judgment

By Juan C. Antúnez on July 2, 2008

Berkow v. Isaevna, — So.2d —-, 2008 WL 2511272 (Fla. 3d DCA Jun…
Continue Reading 3d DCA: Genuine issues of material fact existed as to whether petitioners were legitimate heirs of decedent, precluding summary judgment

Federal suit by disgruntled litigant against Miami probate judge Arthur Rothenberg dismissed

By Juan C. Antúnez on June 25, 2008

Sarhan v. Rothenberg, Slip Copy, 2008 WL 2474645 (S.D.Fla. Jun 17…

Continue Reading Federal suit by disgruntled litigant against Miami probate judge Arthur Rothenberg dismissed

How to contest jurisdiction in probate proceedings

By Juan C. Antúnez on May 28, 2008

Jurisdictional issues in probate proceedings are a source of recurring confusion for…

Continue Reading How to contest jurisdiction in probate proceedings

What’s your burden of proof when seeking to reestablish a lost insurance policy?

By Juan C. Antúnez on May 9, 2008

American Home Assur. Co. v. Junger, — So.2d —-, 2008 WL…
Continue Reading What’s your burden of proof when seeking to reestablish a lost insurance policy?

If girlfriend shoots and kills boyfriend, does she get to keep the jointly titled accounts?

By Juan C. Antúnez on May 3, 2008

Jointly titled bank accounts are often the source of much confusion ……
Continue Reading If girlfriend shoots and kills boyfriend, does she get to keep the jointly titled accounts?

Florida slayer statute applies even if murder conviction is being appealed

By Juan C. Antúnez on April 23, 2008

American United Life Ins. Co. v. Barber, Slip Copy, 2008 WL…
Continue Reading Florida slayer statute applies even if murder conviction is being appealed

S.D.FLA: How to plead federal diversity jurisdiction in cases involving personal representatives of probate estates

By Juan C. Antúnez on April 22, 2008

Cleare v. EA Management Services, Inc., Slip Copy, 2008 WL 1711533…
Continue Reading S.D.FLA: How to plead federal diversity jurisdiction in cases involving personal representatives of probate estates

5th DCA: Probate court doesn’t have jurisdiction over a trustee just because he happens to be in the room during a contested probate proceeding

By Juan C. Antúnez on March 29, 2008

Chaffin v. Overstreet, — So.2d —-, 2008 WL 678664 (Fla. 5th DCA Mar…

Continue Reading 5th DCA: Probate court doesn’t have jurisdiction over a trustee just because he happens to be in the room during a contested probate proceeding

4th DCA: Probate court’s discretion to vacate a prior pro hac vice order is NOT absolute

By Juan C. Antúnez on March 18, 2008

Brooks v. AMP Services Ltd., — So.2d —-, 2008 WL 373423…

Continue Reading 4th DCA: Probate court’s discretion to vacate a prior pro hac vice order is NOT absolute

4th DCA: PR can’t have it both ways when suing trustee over promissory note gone bad: PR must elect her remedy

By Juan C. Antúnez on March 9, 2008

Young v. Kurlansik, — So.2d —-, 2008 WL 508427 (Fla. 4th DCA Feb…
Continue Reading 4th DCA: PR can’t have it both ways when suing trustee over promissory note gone bad: PR must elect her remedy

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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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