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Can a posthumously conceived child be a beneficiary of your will?

By Juan C. Antúnez on June 3, 2024

Advancements in assisted reproductive technology have created a class of heirs that…

Continue Reading Can a posthumously conceived child be a beneficiary of your will?

What’s it mean to challenge the “validity” of a will and why does it matter?

By Juan C. Antúnez on October 17, 2022

Declaratory judgment actions can be uniquely useful tools for probate practitioners; …

Continue Reading What’s it mean to challenge the “validity” of a will and why does it matter?

California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trust

By Juan C. Antúnez on May 26, 2015

Assume you have a case involving a $55 million trust created under…

Continue Reading California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trust

Is Florida’s trust-reformation statute limited to only fixing “simple scrivener’s errors”?

By Juan C. Antúnez on May 4, 2015

When it comes to wills and trusts, drafting mistakes come in all…

Continue Reading Is Florida’s trust-reformation statute limited to only fixing “simple scrivener’s errors”?

Can “trust protectors” be used to privatize Florida trust-construction disputes?

By Juan C. Antúnez on December 15, 2014

In what could be a ground breaking decision, for the very first…

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Does an adjudication of paternity = “adoption” for purposes of Florida’s pretermitted child statute?

By Juan C. Antúnez on April 23, 2014

In 2004 James Maher’s small twin-engine plane went missing somewhere over the…

Continue Reading Does an adjudication of paternity = “adoption” for purposes of Florida’s pretermitted child statute?

If my will gives everything to one of my three sons to divide among my heirs as he sees fit, can he keep it all for himself?

By Juan C. Antúnez on March 24, 2014

Cody v. Cody, — So.3d —-, 2013 WL 6171299 (Fla. 1st DCA …
Continue Reading If my will gives everything to one of my three sons to divide among my heirs as he sees fit, can he keep it all for himself?

Can the “equitable exception” doctrine salvage a will’s non-existent exercise of a power of appointment?

By Juan C. Antúnez on January 6, 2014

Cessac v. Stevens, — So.3d —-, 2013 WL 6097315 (Fla. 1st DCA …
Continue Reading Can the “equitable exception” doctrine salvage a will’s non-existent exercise of a power of appointment?

If a Colorado court accepts a Colorado man’s un-witnessed handwritten will as valid, is the will valid in Florida?

By Juan C. Antúnez on October 14, 2013

Under F.S. 732.502(2), oral (nuncupative) wills and un-witnessed…

Continue Reading If a Colorado court accepts a Colorado man’s un-witnessed handwritten will as valid, is the will valid in Florida?

4th DCA: Miami Care Foundation vs. Miami Children’s Hospital Foundation: drafting error or ambiguity?

By Juan C. Antúnez on October 29, 2012

Miami Children’s Hosp. Found., Inc. v. Estate of Hillman, — So.3d…

Continue Reading 4th DCA: Miami Care Foundation vs. Miami Children’s Hospital Foundation: drafting error or ambiguity?

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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.

    FY 2023-24 Probate Court Filing Statistics: How busy are our probate judges?

    2025 … The Year in Review

    2024 … 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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