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Will and Trust Contests

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Florida’s “Family Member” Evidentiary Presumption

By Juan C. Antúnez on May 28, 2006

Della Ratta v. Della Ratta, 2006 WL 1235760, 31 Fla. L.
Continue Reading Florida’s “Family Member” Evidentiary Presumption

Domicile vs. Jurisdiction

By Juan C. Antúnez on April 27, 2006

Pastor v. Pastor, __ So.2d __ (Fla. 4th DCA April 19,…
Continue Reading Domicile vs. Jurisdiction

Trust Construction 101

By Juan C. Antúnez on March 3, 2006

Roberts v. Sarros, __ So.2d __ (Fla. 2d DCA Feb 15,…
Continue Reading Trust Construction 101

How to Fix a Broken Trust: Post Mortem Trust Reformations of Drafting Mistakes

By Juan C. Antúnez on January 2, 2006

Popp ex rel. Estate of Davis v. Rex, 2005 WL 3299727,…
Continue Reading How to Fix a Broken Trust: Post Mortem Trust Reformations of Drafting Mistakes

Failure to Account for Statutory Apportionment of Taxes and Administrative Expenses Leads to Post Mediation Litigation

By Juan C. Antúnez on December 19, 2005

Sheets v. Palmer, 2005 WL 3403620 (Fla. 1st DCA Dec 14,…
Continue Reading Failure to Account for Statutory Apportionment of Taxes and Administrative Expenses Leads to Post Mediation Litigation

Wanting to Keep Your Wife Happy Does Not Undue Influence Make

By Juan C. Antúnez on December 6, 2005

Zoldan v. Zohlman, 2005 WL 3180190 (Fla. 3d DCA Nov 30,…
Continue Reading Wanting to Keep Your Wife Happy Does Not Undue Influence Make

Woe Be it to the Litigant Who Loses the Moral High Ground

By Juan C. Antúnez on December 6, 2005

DeMello v. Buckman, 2005 WL 2990487 (Fla. 4th DCA Nov 09,…
Continue Reading Woe Be it to the Litigant Who Loses the Moral High Ground

“Win-Win” Trust Administration: How to please BOTH current income beneficiaries and remaindermen

By Juan C. Antúnez on October 20, 2005

Conflicts between current beneficiaries of a trust that want to maximize current …
Continue Reading “Win-Win” Trust Administration: How to please BOTH current income beneficiaries and remaindermen

A Trustee’s Duties and Responsibilities Under Discretionary Invasion Provisions

By Juan C. Antúnez on September 29, 2005

Disputes revolving around whether the trustee of a “discretionary” trust acted appropriately…
Continue Reading A Trustee’s Duties and Responsibilities Under Discretionary Invasion Provisions

Are law firms seeing an increase in estate litigation?

By Juan C. Antúnez on September 12, 2005

In 2006 the exemption amount for federal estate taxes is $2.0 million…
Continue Reading Are law firms seeing an increase in estate litigation?

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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

About this Blog

The Florida Probate & Trust Litigation Blog is authored by Juan Antúnez of Stokes McMillan Antúnez Martinez-Lejarza P.A

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