Flinn v. Doty, — So.3d —-, 2017 WL 923508 (Fla. 4th DCA March 8, 2017)
If you’re trying to collect on a judgment by going after homestead property, one of the few theories of recovery available to you is …
So who gets to occupy the decedent’s contested real estate?
Delbrouck v. Eberling, — So.3d —-, 2015 WL 5948724 (Fla. 4th DCA October 14, 2015)
Contested probate proceedings often revolve around conflicting claims to specific property that’s titled in the decedent’s name but claimed by someone else.
If the …
4th DCA: Does a surviving widow have “standing” to assert her predeceased husband’s homestead rights?
Lyons v. Lyons, — So.3d —-, 2014 WL 5460621 (Fla. 4th DCA October 29, 2014)
This is one of two cases published in 2014 involving litigated homestead rights and property deeded to a qualified personal residence trust (QPRT). …
4th DCA: Should post-nuptial waivers of homestead rights be assumed anytime spouses sign a joint deed?
Stone v. Stone, — So.3d —-, 2014 WL 5834826 (Fla. 4th DCA November 12, 2014)
Under Florida law a surviving spouse’s testamentary rights in the couple’s marital homestead residence are spelled out in Art. X, § 4(c) of the …
2d DCA: Surviving spouse’s Homestead Rights vs. ex-spouse’s contractual rights under Marital Settlement Agreement. Who wins?
Friscia v. Friscia, — So.3d —-, 2014 WL 4212689 (Fla. 2d DCA August 27, 2014)
It’s not unusual for marital settlement agreements (“MSAs”) to pop up as major players in contested probate proceedings (see here, here, here…
5th DCA: Does a trustee’s breach of fiduciary duty = “fraud” for equitable lien on homestead purposes?
Hirchert Family Trust v. Hirchert, — So.3d —-, 2011 WL 2415787 (Fla. 5 Dist. Jun 17, 2011)
One crack in the almost impenetrable shield protecting Florida homestead property from creditors is the amorphous “equitable lien” doctrine. In In re …
Reliable, user-friendly homestead charts for the busy practitioner
There’s a good reason why homestead litigation is a recurring theme on this blog: it’s a non-intuitive thicket of complexity that can trip up even the best and brightest lawyers and judges. One way to cut through this complexity is …
2d DCA: Can a condo subject to a 100 year lease = creditor protected homestead property for your heirs?
Geraci ex rel. Geraci v. Sunstar EMS, — So.3d —- 2012 WL 2401793 (Fla. 2d DCA June 27, 2012)
Once again we have a homestead case where the key to understanding what went wrong is is recognizing that one …
3d DCA: What happens when homestead property is invalidly devised in trust?
Aronson v. Aronson, — So.3d —-, 2012 WL 280565 (Fla. 3d DCA February 01, 2012)
Estate planners beware. As reported here by the WSJ, "When it comes to blended families, estate planning can be a special kind of …
3d DCA: If a foreign national doesn’t qualify for the homestead tax exemption, is he also automatically disqualified from claiming homestead creditor protection?
Grisolia v. Pfeffer, — So.3d —-, 2011 WL 5864806 (Fla. 3d DCA Nov 23, 2011)
The key to understanding this case is recognizing that one word: “homestead;” is used in three very different ways in Florida’s constitution:
[1] Exemption …