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When can you reopen a Florida probate proceeding?

By Juan C. Antúnez on March 4, 2019

When it comes to probate proceedings, there’s a strong public policy favoring…
Continue Reading When can you reopen a Florida probate proceeding?

What’s it take to haul an Illinois estate planner into a Florida courtroom for malpractice?

By Juan C. Antúnez on December 17, 2018

Florida remains the largest recipient of state-to-state migration in the US,…
Continue Reading What’s it take to haul an Illinois estate planner into a Florida courtroom for malpractice?

Does Florida’s “delayed discovery doctrine” apply to undue influence claims?

By Juan C. Antúnez on December 30, 2017

Your favorite probate lawyer calls; she’s got a potential trust case for…
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If you kill someone in self defense, can you still collect on their life insurance policy?

By Juan C. Antúnez on December 10, 2017

If you murder someone, you can’t collect on their life insurance policy.
Continue Reading If you kill someone in self defense, can you still collect on their life insurance policy?

So who gets to occupy the decedent’s contested real estate?

By Juan C. Antúnez on June 4, 2017

Contested probate proceedings often revolve around conflicting claims to specific property that’s…

Continue Reading So who gets to occupy the decedent’s contested real estate?
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Does a discretionary trust beneficiary have standing to challenge an adoption that could potentially dilute his interest in the trust?

By Juan C. Antúnez on April 10, 2017

Edwards v. Maxwell, — So.3d —-, 2017 WL 1201873 (Fla. 1st…
Continue Reading Does a discretionary trust beneficiary have standing to challenge an adoption that could potentially dilute his interest in the trust?

Is an “estate” a legal entity that can be sued?

By Juan C. Antúnez on March 13, 2017

You’ll often hear lawyers speak in terms of suing “the estate,” or…
Continue Reading Is an “estate” a legal entity that can be sued?

Can an estate get sued if someone gets in an accident driving the decedent’s car?

By Juan C. Antúnez on March 13, 2017

One of the first things any beginning probate lawyer learns is to…
Continue Reading Can an estate get sued if someone gets in an accident driving the decedent’s car?

Are guardians ad litem (GALs) mandatory when settling a minor’s claims?

By Juan C. Antúnez on January 23, 2017

Two points to keep in mind when thinking about the Allen case.
Continue Reading Are guardians ad litem (GALs) mandatory when settling a minor’s claims?

Can an e-filing mistake blow your probate creditor filing deadline?

By Juan C. Antúnez on November 28, 2016

United Bank v. Estate of Frazee, — So.3d —-,  2016 WL…
Continue Reading Can an e-filing mistake blow your probate creditor filing deadline?

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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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