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Will and Trust Contests

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2d DCA: Trustee doesn’t have to pay interest on funds wrongfully retained in trust

By Juan C. Antúnez on April 20, 2008

Fleck v. Fleck, — So.2d —-, 2008 WL 818814 (Fla. 2d DCA Mar…
Continue Reading 2d DCA: Trustee doesn’t have to pay interest on funds wrongfully retained in trust

4th DCA: What to do when a will violates the terms of a divorce settlement agreement

By Juan C. Antúnez on March 12, 2008

Perry v. Perry, — So.2d —-, 2008 WL 588901 (Fla. 4th DCA …
Continue Reading 4th DCA: What to do when a will violates the terms of a divorce settlement agreement

Once the presumption arises, the undue influence issue cannot be determined in a summary judgment proceeding

By Juan C. Antúnez on March 2, 2008

How a will contest is framed can make all the difference in…

Continue Reading Once the presumption arises, the undue influence issue cannot be determined in a summary judgment proceeding

What if you file a caveat and the local Clerk’s Office messes up and fails to provide you with notice?

By Juan C. Antúnez on January 28, 2008

Wheeler v. Powers, — So.2d —-, 2008 WL 160881 (Fla. 5th…

Continue Reading What if you file a caveat and the local Clerk’s Office messes up and fails to provide you with notice?

Is a will invalid if one of the witnesses is an “interested” party?

By Juan C. Antúnez on January 25, 2008

Is a will invalid if one of the witnesses is an “interested” party? …

Continue Reading Is a will invalid if one of the witnesses is an “interested” party?

FL SCT: Florida’s land-trust law survives bankruptcy challenge

By Juan C. Antúnez on January 21, 2008

Raborn v. Menotte, — So.2d —-, 2008 WL 90037 (Fla. Jan…
Continue Reading FL SCT: Florida’s land-trust law survives bankruptcy challenge

Notice of new probate related FL opinions: Commentary to follow:

By Juan C. Antúnez on January 21, 2008
  • 5th DCA: Wheeler v. Powers, — So.2d —-, 2008 WL

…
Continue Reading Notice of new probate related FL opinions: Commentary to follow:

Notice of new trust-law related US S.Ct. opinion: Commentary to follow:

By Juan C. Antúnez on January 17, 2008
  • US S.Ct.: Knight v. C.I.R. , — S.Ct. —-, 2008 WL 140749

…
Continue Reading Notice of new trust-law related US S.Ct. opinion: Commentary to follow:

Notice of new trust-law related FL opinion: Commentary to follow:

By Juan C. Antúnez on January 14, 2008
  • FL SCT: Raborn v. Menotte, — So.2d —-, 2008 WL

…
Continue Reading Notice of new trust-law related FL opinion: Commentary to follow:

The Trustee’s Duty to Inform and Report Under Florida’s New Trust Code

By Juan C. Antúnez on November 10, 2007

At its core, the job of trustee is as much about keeping…
Continue Reading The Trustee’s Duty to Inform and Report Under Florida’s New Trust Code

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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

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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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