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Will Construction Litigation

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Can a valid written Will morph into an invalid “oral” Will?

By Juan C. Antúnez on June 25, 2012

In Florida, Wills have to be in writing; you can’t simply tell…
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What is Florida’s “nonademption” statute, and why should I care?

By Juan C. Antúnez on November 13, 2011

There are all sorts of reasons for why probate practice is interesting.
Continue Reading What is Florida’s “nonademption” statute, and why should I care?

1st DCA: Does a will without a residuary clause = partial intestacy?

By Juan C. Antúnez on October 2, 2011

Basile v. Aldrich, — So.3d —-, 2011 WL 3696309 (Fla. 1st…
Continue Reading 1st DCA: Does a will without a residuary clause = partial intestacy?

Theory vs. reality: what’s it take to fix a drafting error in a trust agreement?

By Juan C. Antúnez on May 9, 2011

The last time I wrote about the Reid case the issue was…
Continue Reading Theory vs. reality: what’s it take to fix a drafting error in a trust agreement?

3d DCA: Are gifts to in-laws saved by Florida’s anti-lapse statute?

By Juan C. Antúnez on December 31, 2010

Lorenzo v. Medina, — So.3d —-, 2010 WL 4483470 (Fla. 3d…
Continue Reading 3d DCA: Are gifts to in-laws saved by Florida’s anti-lapse statute?

In will-construction dispute, 5th DCA says NO to stepmother’s attempted disinheritance of former husband’s children

By Juan C. Antúnez on July 6, 2010

Timmons v. Ingraham, — So.3d —-, 2010 WL 2217637 (Fla. 5th…

Continue Reading In will-construction dispute, 5th DCA says NO to stepmother’s attempted disinheritance of former husband’s children

2d DCA: Employing beneficiaries as service providers to boost access to trust funds

By Juan C. Antúnez on February 8, 2010

Burgess v. Prince, — So.3d —-, 2010 WL 199422 (Fla. 2d…

Continue Reading 2d DCA: Employing beneficiaries as service providers to boost access to trust funds

3d DCA: Will Construction Litigation as Morality Play

By Juan C. Antúnez on October 12, 2009

Chin v. Estate of Chin, — So.3d —-, 2009 WL 2382326…
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What’s the right way to litigate an ambiguous will?

By Juan C. Antúnez on March 2, 2009

Garcia v. Celestron, — So.2d —-, 2009 WL 249211 (Fla. 3d…
Continue Reading What’s the right way to litigate an ambiguous will?

4th DCA: So what’s a specific bequest?

By Juan C. Antúnez on December 5, 2008

Babcock v. Estate of Babcock, — So.2d —-, 2008 WL 4863088…

Continue Reading 4th DCA: So what’s a specific bequest?

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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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