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Appellate Practice in Probate

Fla SC: New appellate rule for probate & guardianship proceedings4th DCA: An order simply "granting" a summary judgment motion isn't worth the paper it's written on1st DCA: Not all probate orders are appealable

Compensation Disputes

A civil dispute over guardianshipWhen do you have to give notice if you're trying to get your attorney's fees paid from a trust under F.S. 736.1005?Court says YES to $24.6 million in trustee fees; NO to hourly billing

Contested Guardianship Proceedings

Florida needs to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction ActInterview with an Elder Law Lawyer: Enrique ZamoraWhat's the right way and the wrong way to litigate a revocable trust while the settlor's alive?

Creditors' Claims

Can your probate judge enforce your settlement agreement or do you have to file a new lawsuit?If a married couple transfers their tenants by the entireties (TBE) property to a joint trust, have they forfeited its creditor protection shield?When's a creditor claim decided in the Probate Division, and when's it decided in the Civil Division?

Dependent Relative Revocation Doctrine

2d DCA: What’s the “dependent relative revocation” doctrine and why should trusts and estates lawyers care?Ethics violation = undue influence = attorney and paralegal forfeit $7.2 million bequestWill contest casts a shadow on a prominent St. Petersburg estate-planning lawyer who stands to gain millions

Ethics & Malpractice Claims

Florida's new and improved ethics rule 4-1.14 is an important and much needed tool for lawyers representing clients with diminished capacityHow to ethically represent disabled adults in contested guardianship proceedingsWhat's it take to haul an Illinois estate planner into a Florida courtroom for malpractice?

Gifts and Charities Litigation

Court says YES to alternate charitable donation of Janet Reno's home; Florida's "cy pres" doctrine saves the dayDead people leave billions in their wills. How long do we have to listen to them?The Corcoran Gallery of Art’s trustees expertly manage the public advocacy facet of their case in support of requested "cy pres" court ruling

Homestead Litigation

When is a homestead waiver ... not a homestead waiver?Is a homestead order entered by a probate judge lacking jurisdictional authority binding on third parties?Does a signed "consent" = "written agreement" to altering your share of an estate?

Interview with a Probate Lawyer

Interview with an Elder Law Lawyer: Enrique ZamoraInterview with a Probate Lawyer: Shannon M. MillerInterview with a Probate Lawyer: Steven K. Schwartz

Litigation Committee

Probate and Trust Litigation Committee Meeting Reports/White PapersProbate and Trust Litigation Committee Meeting Reports/White PapersProbate and Trust Litigation Committee Meeting Reports/White Papers

Marital Agreements and Spousal Rights

Do you need a court order to file a late elective-share claim?If a married couple take title to their home jointly, does the deed have to say anything else to trigger the tenancy by the entireties (TBE) presumption?A User’s Guide to Prosecuting Claims under Florida’s Uniform Disposition of Community Property Rights at Death Act

Mediation & Arbitration

Collaborative Process: Are Probate and Trust Disputes on the Horizon?

Musings on the Practice of Law

FY 2020-21 Probate Court Filing Statistics: How busy are our probate judges?A Challenging Inheritance: The Fate of Mark Twain's WillChange the Culture, Change the System + Judge Warner's Ten Tips on Civility and Professionalism

New Probate & Trust Cases

Are handwritten wills valid in Florida?When is a homestead waiver ... not a homestead waiver?When does a court have continuing jurisdiction over a trust?

Power of Attorney Litigation

What's it take to prove criminal "intent" in exploitation of the elderly cases?Can arguing for the appointment of a court-appointed guardian to handle litigation for an incapacitated adult if she previously executed a valid DPOA get you (and your lawyer) sanctioned?Is personal service of process needed to challenge a DPOA?

Practice & Procedure

When does a court have continuing jurisdiction over a trust?LLC Operating Agreement vs Will. Who wins?Is there a workaround to Florida's inequitable treatment of middle-aged adults contesting paternity for the first time in probate?

Probate & Guardianship Statutes

Florida leaders give more love to family trusts of the super-richWhat families, trust protectors, directed trustees, and the bankers and lawyers who work with them need to know about Florida’s new Uniform Directed Trust ActDoes Florida's Slayer Statute require a murder conviction to apply?

Removal of Personal Representatives and Surcharge

Florida must recognize gay widower’s Delaware marriage for purposes of appointing the non-resident personal representative of his ancillary estate, Palm Beach probate judge rulesAre evidentiary hearings required when removing a PR or refusing to appoint a PR with statutory priority?3d DCA: Is a PR entitled to due process prior to being removed by court order?

Settling, Mediating & Arbitrating Inheritance Cases

What's it take to make sure a trustee/beneficiary settlement agreement's binding?Collaborative Process: Are Probate and Trust Disputes on the Horizon?2017 . . . A probate mediator’s guide to 2017 Mediator Ethics Advisory Committee (MEAC) Opinions

Spousal Elective Share Claims

Do you need a court order to file a late elective-share claim?2017 legislative news: Big Changes to Florida's Elective Share StatutesCan a surviving spouse’s $12.5 million "elective share" be reduced to pay attorney's fees?

Tax Cases

What's the "origin of the claim" doctrine and why should trusts and estates litigators care?Tax the Rich?Will a faith-based arbitration clause disqualify your trust for tax purposes?

Trust and Estates Litigation In the News

Florida leaders give more love to family trusts of the super-richA Challenging Inheritance: The Fate of Mark Twain's WillWhat families, trust protectors, directed trustees, and the bankers and lawyers who work with them need to know about Florida’s new Uniform Directed Trust Act

Trust Law Committee

Trust Law Committee Meeting Reports/White PapersOffice of Tax Analysis of the Treasury Dept. has published a paper titled "The Federal Gift Tax: History, Law, and Economics."Trust Law Committee White Papers

Trustees In Hot Water

Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?What's a "qualified beneficiary" and why should trustees care?Trust protectors; they're like trustees, but not quite. So can they get sued?

Uncategorized

Are handwritten wills valid in Florida?Does Florida's Slayer Statute require a murder conviction to apply?Blatant self promotion: Contentious Trusts and Estates SIG Elections - Vote by Friday, December 1, 2017

White Papers - RPPTL Comm

An Economic Theory of Fiduciary LawWhy Fiduciary Law Is EquitableMay 31, 2012 Probate and Trust Litigation Committee Subcommittee Reports

Will and Trust Contests

Are handwritten wills valid in Florida?When does a court have continuing jurisdiction over a trust?Can your probate judge enforce your settlement agreement or do you have to file a new lawsuit?

Will Construction Litigation

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 trustIs Florida's trust-reformation statute limited to only fixing "simple scrivener's errors"?

Wrongful Death Claims

When does a probate judge NOT have jurisdiction over contested property?3d DCA says yes to Florida's "relation back" doctrineForgetting That Wrongful Death Claims Are Litigated Within the Context of Probate Proceedings Can Be a VERY Costly Mistake

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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.

    2023 . . . The Year in Review

    2022 . . . 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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