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2d DCA: Trust-litigation venue statute won’t get you to Canada

By Juan C. Antúnez on December 20, 2008

Hunt v. Hooper, — So.2d —-, 2008 WL 5191505 (Fla. 2d…
Continue Reading 2d DCA: Trust-litigation venue statute won’t get you to Canada

IRS private letter ruling documents creative lawyering by Florida probate litigators

By Juan C. Antúnez on November 20, 2008

Veteran Florida probate litigator Amy Beller was kind enough to direct me…

Continue Reading IRS private letter ruling documents creative lawyering by Florida probate litigators

4th DCA: If you’re the successor trustee of a revocable trust whose settlor is alive but mentally incapacitated, do you owe any duties to the remainder beneficiaries?

By Juan C. Antúnez on November 1, 2008

Brundage v. Bank of America, Trustee, — So.2d —-, 2008 WL…

Continue Reading 4th DCA: If you’re the successor trustee of a revocable trust whose settlor is alive but mentally incapacitated, do you owe any duties to the remainder beneficiaries?

5th DCA: Why a de novo appellate standard of review can be your best friend in trust-construction litigation

By Juan C. Antúnez on October 25, 2008

Brown v. Miller, — So.2d —-, 2008 WL 4600940 (Fla. 5th DCA Oct…

Continue Reading 5th DCA: Why a de novo appellate standard of review can be your best friend in trust-construction litigation

Can you compel a trust beneficiary to arbitrate a claim based on an arbitration agreement he never signed, but his trustee did?

By Juan C. Antúnez on October 13, 2008

Eichler v. Leshner, Slip Copy, 2008 WL 4459029 (M.D.Fla. Sep 29,…
Continue Reading Can you compel a trust beneficiary to arbitrate a claim based on an arbitration agreement he never signed, but his trustee did?

The “fabled twins of speculation and conjecture” aren’t enough to validate a lost will

By Juan C. Antúnez on October 8, 2008

Balboni v. LaRocque, — So.2d —-, 2008 WL 4414240 (Fla. 4th…
Continue Reading The “fabled twins of speculation and conjecture” aren’t enough to validate a lost will

George Washington on Arbitration of Probate Disputes

By Juan C. Antúnez on August 16, 2008

For no reason other than I find this bit of historical/T&E crossover…
Continue Reading George Washington on Arbitration of Probate Disputes

S.D.Fla: Trust litigation bounced from federal court: federal trial courts lack jurisdiction to review final judgments of state courts

By Juan C. Antúnez on July 9, 2008

Staup v. Wachovia Bank, N.A., Slip Copy, 2008 WL 2598005 (S.D.Fla.

Continue Reading S.D.Fla: Trust litigation bounced from federal court: federal trial courts lack jurisdiction to review final judgments of state courts

3d DCA: Trustee, acting solely in her capacity as trustee, has standing to bring a trust reformation action

By Juan C. Antúnez on June 14, 2008

Reid v. Judea, — So.2d —-, 2008 WL 2356814 (Fla. 3d DCA Jun…

Continue Reading 3d DCA: Trustee, acting solely in her capacity as trustee, has standing to bring a trust reformation action

Beneficiary loses – again – in third trial against her trustee

By Juan C. Antúnez on May 23, 2008

The linked-to opinion should be read by every trust beneficiary contemplating a…

Continue Reading Beneficiary loses – again – in third trial against her trustee

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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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