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Does F.S. 56.29 give a Florida court personal jurisdiction over a Kentucky trustee absent a basis for personal jurisdiction under Florida’s long-arm statute?

By Juan C. Antúnez on February 20, 2014

Jarboe Family and Friends Irrevocable Living Trust v. Spielman, — So.3d…
Continue Reading Does F.S. 56.29 give a Florida court personal jurisdiction over a Kentucky trustee absent a basis for personal jurisdiction under Florida’s long-arm statute?

4th DCA: Does Rule 1.525′s 30-day deadline apply in adversary probate proceedings?

By Juan C. Antúnez on February 20, 2014

Stone v. Stone, — So.3d —-, 2014 WL 537547 (Fla. 4th…
Continue Reading 4th DCA: Does Rule 1.525′s 30-day deadline apply in adversary probate proceedings?

How to resolve jurisdictional deadlocks: Florida’s “principle of priority”

By Juan C. Antúnez on December 16, 2013

Most families squabble, and when the stakes are high enough, some even…

Continue Reading How to resolve jurisdictional deadlocks: Florida’s “principle of priority”

For federal diversity jurisdiction, whose citizenship counts: the PR’s or the decedent’s?

By Juan C. Antúnez on December 16, 2013

As long as our state probate courts remain underfunded and overworked (see …

Continue Reading For federal diversity jurisdiction, whose citizenship counts: the PR’s or the decedent’s?

4th DCA: When can a Florida probate judge say “no” to your choice of a non-Florida attorney to represent you in a contested Florida probate proceeding?

By Juan C. Antúnez on December 2, 2013

Kelley v. Kelley, — So.3d —-, 2013 WL 5729793 (Fla. 4th …
Continue Reading 4th DCA: When can a Florida probate judge say “no” to your choice of a non-Florida attorney to represent you in a contested Florida probate proceeding?

Is an “estate” a proper party in civil litigation?

By Juan C. Antúnez on December 2, 2013

You’ll often hear lawyers speak in terms of suing “the estate,” or…

Continue Reading Is an “estate” a proper party in civil litigation?

If a Colorado court accepts a Colorado man’s un-witnessed handwritten will as valid, is the will valid in Florida?

By Juan C. Antúnez on October 14, 2013

Under F.S. 732.502(2), oral (nuncupative) wills and un-witnessed…

Continue Reading If a Colorado court accepts a Colorado man’s un-witnessed handwritten will as valid, is the will valid in Florida?

4th/5th DCA: Promises, promises . . . Are oral agreements enforceable in inheritance disputes?

By Juan C. Antúnez on September 23, 2013

In the trusts and estates world, if it’s not in writing it…
Continue Reading 4th/5th DCA: Promises, promises . . . Are oral agreements enforceable in inheritance disputes?

What’s the “renunciation” rule and when does it apply to will and trust contests?

By Juan C. Antúnez on September 16, 2013

There’s nothing wrong with hedging your bets in litigation by asserting alternate —…

Continue Reading What’s the “renunciation” rule and when does it apply to will and trust contests?
Federal Courtroom

When can you litigate an inheritance case in federal court?

By Juan C. Antúnez on August 12, 2013

So when can you litigate inheritance disputes in federal court? According to the…

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

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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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