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Can you sue a fictitious “John Doe” instead of a deceased party’s actual court-appointed personal representative?

By Juan C. Antúnez on September 16, 2020

To be clear, under Florida law there’s no such thing as a…
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PROBATE

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

By Juan C. Antúnez on August 31, 2020

There are all sorts of reasons why you may not want to…

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Jury trials in Will contests

By Juan C. Antúnez on July 20, 2020

In Florida we don’t have jury trials in will contests. But if…
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Is a homestead order entered by a probate judge lacking jurisdictional authority binding on third parties?

By Juan C. Antúnez on May 28, 2020

Sometimes third parties who had no knowledge of a family’s probate proceeding…
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Are Florida’s courtroom doors closed to older claimants seeking to establish paternity in probate proceedings, but wide open for everyone else?

By Juan C. Antúnez on February 24, 2020

If a man dies intestate, any children he had while married…
Continue Reading Are Florida’s courtroom doors closed to older claimants seeking to establish paternity in probate proceedings, but wide open for everyone else?

Can “excusable neglect” get you an extension to file a late homestead election?

By Juan C. Antúnez on January 20, 2020

One of the basic building blocks of Florida probate law is the…
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Are the rules for personal jurisdiction different in probate?

By Juan C. Antúnez on November 18, 2019

Non-resident parties can’t be pulled into Florida litigation if they don’t have…
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Can a Florida probate judge order you to turn over property located in Canada?

By Juan C. Antúnez on May 21, 2019

In contested probate proceedings, if someone’s asserting a jurisdictional defense it’s probably coming…
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Must all probate disclaimers of real estate contain legal descriptions?

By Juan C. Antúnez on April 29, 2019

Lee v. Lee, 263 So.3d 826 (Fla. 3d DCA January 23,…
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Is half a signature enough to validly execute a will?

By Juan C. Antúnez on April 23, 2019

Will execution formalities are second nature to most of us, but it…
Continue Reading Is half a signature enough to validly execute a will?

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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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