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Wrongful Death Claims

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When does a probate judge NOT have jurisdiction over contested property?

By Juan C. Antúnez on August 3, 2015
Posted in Practice & Procedure, Wrongful Death Claims

jurisdiction-in-remIn contested probate and trust proceedings, if you hear the word “jurisdiction” being used as part of the litigation, it’s probably coming up in one of two contexts. Either your probate judge didn’t have the legal authority to …

3d DCA says yes to Florida’s “relation back” doctrine

By Juan C. Antúnez on June 28, 2006
Posted in Wrongful Death Claims

University of Miami v. Wilson, __ So.2d __, 2006 WL 1687685 (Fla. 3d DCA June 21, 2006)

The doctrine referred to in the headline for this blog post comes up most often in wrongful-death cases. For whatever reason the …

Forgetting That Wrongful Death Claims Are Litigated Within the Context of Probate Proceedings Can Be a VERY Costly Mistake

By Juan C. Antúnez on April 23, 2006
Posted in Wrongful Death Claims

Second DCA Reverses Trial Court’s Grant of $410,300 in Attorneys’ Fees

Martinez v. Ipox, __ So.2d __ (Fla. 2d DCA April 07, 2006)

Probate issues do not, as they say, “drive the train” in wrongful death cases. But, as …

Court says YES to dismissal of personal injury action based on plaintiff’s failure to file a timely motion to substitute a party defendant within 90 days after a suggestion of death was filed

By Juan C. Antúnez on August 10, 2005
Posted in Wrongful Death Claims

Martin v. Hacsi, 2005 WL 1842678 (Fla. 5th DCA August 5, 2005) (Trial Court Affirmed) Counsel for the defendant in a personal injury action filed a motion for enforcement of Florida Rule of Civil Procedure 1.260(a) based …

Wrongful Death Act: Decedent’s Adult Children Have Standing to Object to Wrongful Death Action Settlement Terms and a Right to a Hearing on Their Objections

By Juan C. Antúnez on August 2, 2005
Posted in Wrongful Death Claims

Brunson v. McKay, 2005 WL 1677939 (Fla. 2d DCA July 20, 2005) (Trial Court Reversed)

Polk County Judge Ronald A. Herring was apparently convinced that the decedent’s adult children had a negligible interest, if any, in a …

Establishment of legal guardianship not required to enforce minor’s pre-injury arbitration agreement

By Juan C. Antúnez on July 15, 2005
Posted in Settling, Mediating & Arbitrating Inheritance Cases, Wrongful Death Claims

Global Travel Marketing, Inc. v. Shea, 2005 WL 1576244, 30 Fla. L. Weekly S511 (Fla. July 7, 2005) (Fourth DCA Reversed)

In a case that is sure to be of interest to personal injury attorneys (and the …

Court says NO to holding personal representative personally liable for attorney’s fees and costs in unsuccessful wrongful death lawsuit

By Juan C. Antúnez on June 29, 2005
Posted in Wrongful Death Claims

Beseau v. Bhalani, 2005 WL 1488584 (Fla. 5th DCA June 24, 2005) (Trial Court Reversed) In the underlying wrongful death suit, the defendants prevailed after a jury trial. They then obtained an order awarding attorney’s fees and …

About the Author

Juan-Antunez Juan C. Antúnez is a partner with Stokes McMillan Antúnez Martinez-Lejarza P.A., a boutique trusts and estates law firm located in Miami, Florida. Trusts and estates litigation, probate administration and estate planning is all he does as a lawyer. Read More...

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Annual Survey of Florida Trusts and 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.

    2021 . . . The Year in Review

    2020 . . . The Year in Review

    2019 . . . The Year in Review

      Click here for prior years

Recent Updates

  • Will there be a rush to electronic wills?
  • What’s the “origin of the claim” doctrine and why should trusts and estates litigators care?
  • When to “decant” a trust. It’s getting easier to modify irrevocable trusts. Here’s how it works.
  • Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?
  • How to ethically represent disabled adults in contested guardianship proceedings

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Published By: Juan C. Antúnez of Stokes McMillan Antúnez Martinez-Lejarza P.A.
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Stokes McMillan Antúnez Martinez-Lejarza P.A. is a full service Florida trusts and estates law firm. We offer clients individually tailored estate planning advice that leverages their ability to transfer wealth to future generations while minimizing taxes, risk of loss and family acrimony. We have extensive experience representing individuals, banks and trust companies serving as trustees and personal representatives of Florida trusts and estates. Finally, our collaborative team of litigation, tax, and trusts and estates professionals regularly represents clients in trust and estate matters, both contested and uncontested. We welcome the opportunity to discuss your needs, our qualifications, staffing approaches and fee structures with respect to estate planning, trust and estate administration, and trust and estate litigation.

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