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3d DCA: Beneficiary’s “best interests” vs. Settlor’s conflicting “intent”: who wins?

By Juan C. Antúnez on March 26, 2012

Bellamy v. Langfitt, — So.3d —-, 2012 WL 385606 (Fla. 3d…

Continue Reading 3d DCA: Beneficiary’s “best interests” vs. Settlor’s conflicting “intent”: who wins?

4th DCA: Can a woman who’s been adjudicated mentally incapacitated validly amend her revocable trust?

By Juan C. Antúnez on February 27, 2012

Jervis v. Tucker, — So.3d —-, 2012 WL 385518 (Fla. 4th…
Continue Reading 4th DCA: Can a woman who’s been adjudicated mentally incapacitated validly amend her revocable trust?

4th DCA: Does an interest in a revocable trust vest when the trust is created or when the testator dies?

By Juan C. Antúnez on December 12, 2011

Darian v. Weymouth, — So.3d —-, 2011 WL 5554786 (Fla. 4th…

Continue Reading 4th DCA: Does an interest in a revocable trust vest when the trust is created or when the testator dies?

4th DCA: Do the remainder beneficiaries of a revocable trust have standing to sue?

By Juan C. Antúnez on October 31, 2011

Siegel v. JP Morgan Chase Bank, — So.3d —-, 2011 WL…
Continue Reading 4th DCA: Do the remainder beneficiaries of a revocable trust have standing to sue?

5th DCA: Do the beneficiaries of a life insurance trust have to have an “insurable interest” in the life of the person being insured?

By Juan C. Antúnez on May 30, 2011

TTSI Irrevocable Trust v. Reliastar Life Ins. Co., — So.3d —-, 2011…
Continue Reading 5th DCA: Do the beneficiaries of a life insurance trust have to have an “insurable interest” in the life of the person being insured?

Trustees as investment managers: It’s not whether you win or lose, it’s how you play the game

By Juan C. Antúnez on April 10, 2011

The statue at the heart of the Figel case is F.S. 518.11…

Continue Reading Trustees as investment managers: It’s not whether you win or lose, it’s how you play the game

Trustee + guardianship litigation + NO evidence = reversal on all grounds

By Juan C. Antúnez on November 4, 2010

Covenant Trust Co. v. Guardianship of Ihrman, — So.3d —-, 2010…
Continue Reading Trustee + guardianship litigation + NO evidence = reversal on all grounds

New statutory exception to hearsay rules makes it easier to establish validity of contested wills

By Juan C. Antúnez on October 6, 2010

In un-contested probate proceedings, there are all sorts of issues you…

Continue Reading New statutory exception to hearsay rules makes it easier to establish validity of contested wills

Can you prove a “lost will” with affidavits alone, or do you need live witnesses?

By Juan C. Antúnez on August 9, 2010

When you can and can’t use affidavits is one of those technical …

Continue Reading Can you prove a “lost will” with affidavits alone, or do you need live witnesses?
DNA sequence, DNA code structure - Medical 3d Illustration

DNA testing in probate and trust litigation: 2d DCA explains how to do it right

By Juan C. Antúnez on February 28, 2010

Sometimes courts will ignore DNA test results as a matter of law…
Continue Reading DNA testing in probate and trust litigation: 2d DCA explains how to do it right

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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.

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    2023 … 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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