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Is a homestead order entered by a probate judge lacking jurisdictional authority binding on third parties?

By Juan C. Antúnez on May 28, 2020
Posted in Homestead Litigation, Practice & Procedure

Sometimes third parties who had no knowledge of a family’s probate proceeding and wouldn’t have had standing to intervene anyway, are nonetheless adversely impacted by legally improper (and usually self serving) orders entered in these proceedings.

In a lot of …

Does a signed “consent” = “written agreement” to altering your share of an estate?

By Juan C. Antúnez on May 23, 2020
Posted in Homestead Litigation

Most probate proceedings are uncontested family affairs. In almost all respects that’s a good thing. There’s one downside, however. Because there’s no one contesting anything (and thus keeping everyone on their toes), mistakes happen.

For example, a family might consent …

Can “excusable neglect” get you an extension to file a late homestead election?

By Juan C. Antúnez on January 20, 2020
Posted in Homestead Litigation, Practice & Procedure

One of the basic building blocks of Florida probate law is the mandatory life estate in homestead property all surviving spouses are entitled to under F.S. 732.401(1). Life estates are supposed to protect surviving spouses by guaranteeing them the …

Can a co-op be homestead property? (Part II)

By Juan C. Antúnez on December 23, 2019
Posted in Creditors' Claims, Homestead Litigation

The key to understanding this case is recognizing that one word — homestead — is used in three very distinct and different ways in Florida’s constitution:

  1. The homestead exemption from forced sale (creditor protection) is addressed in
…

Is “unjust enrichment” enough to pierce Florida’s homestead shield?

By Juan C. Antúnez on September 11, 2017
Posted in Homestead Litigation

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?

By Juan C. Antúnez on June 4, 2017
Posted in Homestead Litigation, Practice & Procedure

Delbrouck v. Eberling, — So.3d —-, 2015 WL 5948724 (Fla. 4th DCA October 14, 2015)

Real-Estate-LawContested 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 …

Does a surviving widow have “standing” to assert her predeceased husband’s homestead rights?

By Juan C. Antúnez on February 2, 2015
Posted in Homestead Litigation, Marital Agreements and Spousal 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). …

Should post-nuptial waivers of homestead rights be assumed anytime spouses sign a joint deed?

By Juan C. Antúnez on January 19, 2015
Posted in Homestead Litigation, Marital Agreements and Spousal Rights

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 …

Surviving spouse’s Homestead Rights vs. ex-spouse’s contractual rights under Marital Settlement Agreement. Who wins?

By Juan C. Antúnez on October 17, 2014
Posted in Homestead Litigation, Marital Agreements and Spousal Rights

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…

Does a trustee’s breach of fiduciary duty = “fraud” for equitable lien on homestead purposes?

By Juan C. Antúnez on November 21, 2012
Posted in Homestead Litigation

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 …

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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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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.

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