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Can you limit a court’s ability to remove a trustee to the same standard as incapacity in guardianship proceedings?

By Juan C. Antúnez on October 10, 2020

Florida’s Trust Code consists overwhelmingly of default rules that settlors are free…

Continue Reading Can you limit a court’s ability to remove a trustee to the same standard as incapacity in guardianship proceedings?
PROBATE

What’s a “caveat” and why should probate attorneys care?

By Juan C. Antúnez on August 31, 2020

There are all sorts of reasons why you may not want to…

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real estate law

What’s the right way and the wrong way to deed property OUT of your revocable trust?

By Juan C. Antúnez on August 23, 2020

Deeding property “into” and “out” of trusts is the kind of bread…
Continue Reading What’s the right way and the wrong way to deed property OUT of your revocable trust?

Is a “notarial will” that’s valid in Haiti also valid in Florida?

By Juan C. Antúnez on December 2, 2019

In civil-law jurisdictions (like Haiti) wills are prepared under the supervision of…
Continue Reading Is a “notarial will” that’s valid in Haiti also valid in Florida?

Child support claim vs. creditor protected trust. Who wins?

By Juan C. Antúnez on June 9, 2019

The creditor protected trust at the center of this case is a…
Continue Reading Child support claim vs. creditor protected trust. Who wins?

Is half a signature enough to validly execute a will?

By Juan C. Antúnez on April 23, 2019

Will execution formalities are second nature to most of us, but it…
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What’s a “qualified beneficiary” and why should trustees care?

By Juan C. Antúnez on February 11, 2019

Under Florida’s Trust Code there are two classes of beneficiaries, and which…

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What’s it take to make sure a trustee/beneficiary settlement agreement’s binding?

By Juan C. Antúnez on December 4, 2018

The family at the center of this case made its money investing…

Continue Reading What’s it take to make sure a trustee/beneficiary settlement agreement’s binding?

Can you “reform” an Illinois trust so it complies with Florida’s execution requirements?

By Juan C. Antúnez on January 28, 2018

If you or your attorney make a mistake when drafting your revocable…

Continue Reading Can you “reform” an Illinois trust so it complies with Florida’s execution requirements?

Does Florida’s “delayed discovery doctrine” apply to undue influence claims?

By Juan C. Antúnez on December 30, 2017

Your favorite probate lawyer calls; she’s got a potential trust case for…

Continue Reading Does Florida’s “delayed discovery doctrine” apply to undue influence claims?

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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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