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4th DCA: Can you challenge a settlor’s removal of funds from her own revocable trust on undue influence grounds?

By Juan C. Antúnez on May 31, 2009

MacIntyre, ex rel. Wedrall Trust v. Wedell, — So.3d —-, 2009…

Continue Reading 4th DCA: Can you challenge a settlor’s removal of funds from her own revocable trust on undue influence grounds?

2d DCA explains Florida’s trust-merger doctrine

By Juan C. Antúnez on April 28, 2009

Hansen v. Bothe, — So.3d —-, 2009 WL 1066296 (Fla. 2d…
Continue Reading 2d DCA explains Florida’s trust-merger doctrine

Are land trusts subject to the Florida Trust Code’s conflict-of-interest rules?

By Juan C. Antúnez on April 4, 2009

Brigham v. Brigham, — So.2d —-, 2009 WL 454492 (Fla. 3d…
Continue Reading Are land trusts subject to the Florida Trust Code’s conflict-of-interest rules?

2d DCA: How to amend a joint revocable trust

By Juan C. Antúnez on March 15, 2009

Provost v. Justin, — So.2d —-, 2009 WL 484633 (Fla. 2d…

Continue Reading 2d DCA: How to amend a joint revocable trust

5th DCA: What’s it mean to be in someone’s “presence” when witnessing a will?

By Juan C. Antúnez on March 9, 2009

Price v. Abate, — So.2d —-, 2009 WL 559908 (Fla. 5th…
Continue Reading 5th DCA: What’s it mean to be in someone’s “presence” when witnessing a will?

4th DCA: How broad is a trustee’s privilege waiver when claiming the “advice of counsel defense”?

By Juan C. Antúnez on March 4, 2009

Greenberg Traurig, P.A. v. Bresnahan, — So.2d —-, 2009 WL 383622…

Continue Reading 4th DCA: How broad is a trustee’s privilege waiver when claiming the “advice of counsel defense”?

Things That May Surprise You About Florida’s Principal and Income Act and Related Accounting Law, Part I

By Juan C. Antúnez on February 27, 2009

Especially in large or fairly complex estates or trusts, the ultimate value…

Continue Reading Things That May Surprise You About Florida’s Principal and Income Act and Related Accounting Law, Part I

2d DCA: Does a trust beneficiary have a mandatory right to intervene in litigation involving her trust?

By Juan C. Antúnez on February 12, 2009

Crescenze v. Bothe, — So.2d —-, 2009 WL 284858 (Fla. 2d…

Continue Reading 2d DCA: Does a trust beneficiary have a mandatory right to intervene in litigation involving her trust?

Tax Results of Settling Disputes Involving Marital-Deduction (QTIP) Trusts

By Juan C. Antúnez on January 26, 2009

A "QTIP trust" allows a person’s estate to receive a 100% estate-tax marital deduction for…

Continue Reading Tax Results of Settling Disputes Involving Marital-Deduction (QTIP) Trusts

Post-mediation litigation triggered by settlement agreement’s fuzzy release clause

By Juan C. Antúnez on January 3, 2009

Sandra O’Neill v. Scher, — So.2d —-, 2008 WL 5352183 (Fla.
Continue Reading Post-mediation litigation triggered by settlement agreement’s fuzzy release clause

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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.

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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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