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4 questions to ask yourself before filing any lawsuit

By Juan C. Antúnez on July 16, 2007

Mike Dillon, General Counsel for Sun Microsystems, Inc., published a great blog…
Continue Reading 4 questions to ask yourself before filing any lawsuit

U.S. Supreme Court agrees to hear case on whether the investment expenses of trusts are fully deductible or subject to a 2% floor

By Juan C. Antúnez on June 29, 2007

As reported here by the North Carolina Estate Planning Blog, on June…

Continue Reading U.S. Supreme Court agrees to hear case on whether the investment expenses of trusts are fully deductible or subject to a 2% floor

Resulting trusts: viable tools for litigating real property claims?

By Juan C. Antúnez on June 3, 2007

Key v. Trattmann, — So.2d —-, 2007 WL 1517827 (Fla. 1st DCA May…
Continue Reading Resulting trusts: viable tools for litigating real property claims?

Evidentiary road map for undue influence and lack of testamentary capacity cases

By Juan C. Antúnez on May 24, 2007

Diaz v. Ashworth, — So.2d —-, 2007 WL 1484550 (Fla. 3d…
Continue Reading Evidentiary road map for undue influence and lack of testamentary capacity cases

Estate funds: possession is nine-tenths of the law

By Juan C. Antúnez on April 23, 2007

Morrison v. West, — So.2d —-, 2007 WL 1135659 (Fla. 4th DCA Apr…
Continue Reading Estate funds: possession is nine-tenths of the law

When do probate proceedings bar a claim for intentional interference with an expectancy of inheritance?

By Juan C. Antúnez on April 6, 2007

Schilling v. Herrera, — So.2d —-, 2007 WL 981627 (Fla. 3d…
Continue Reading When do probate proceedings bar a claim for intentional interference with an expectancy of inheritance?

You can’t sue someone else’s personal representative for breach of fiduciary duty or get fees for thwarting someone else’s testamentary intent

By Juan C. Antúnez on February 22, 2007

Harding v. Rosoff, — So.2d —-, 2007 WL 461381(Fla. 4th DCA Feb…
Continue Reading You can’t sue someone else’s personal representative for breach of fiduciary duty or get fees for thwarting someone else’s testamentary intent

The Art of the “General Release”

By Juan C. Antúnez on February 16, 2007

Hernandez v. Gil, — So.2d. —, 2007 WL 466029 (Fla. 3d DCA Feb…

Continue Reading The Art of the “General Release”

Fraud trumps “technical deficiencies” when validating land trusts

By Juan C. Antúnez on January 25, 2007

Keller v. Estate of Keller, 2007 WL 162770 (Fla. 4th DCA …
Continue Reading Fraud trumps “technical deficiencies” when validating land trusts

Testamentary capacity: is the “lucid interval” standard still good law?

By Juan C. Antúnez on January 17, 2007

Miami Rescue Mission, Inc. v. Roberts, 943 So.2d 274, 31 Fla.
Continue Reading Testamentary capacity: is the “lucid interval” standard still good law?

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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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