Sometimes third parties who had no knowledge of a family’s probate proceeding
Continue Reading 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?
Most probate proceedings are uncontested family affairs. In almost all respects that’s
Continue Reading Does a signed “consent” = “written agreement” to altering your share of an estate?
Can “excusable neglect” get you an extension to file a late homestead election?
One of the basic building blocks of Florida probate law is the
Continue Reading Can “excusable neglect” get you an extension to file a late homestead election?
Can a co-op be homestead property? (Part II)
The key to understanding this case is recognizing that one word —
Continue Reading Can a co-op be homestead property? (Part II)
Is “unjust enrichment” enough to pierce Florida’s homestead shield?
Flinn v. Doty, — So.3d —-, 2017 WL 923508 (Fla. 4th
Continue Reading Is “unjust enrichment” enough to pierce Florida’s homestead shield?
So who gets to occupy the decedent’s contested real estate?
Delbrouck v. Eberling, — So.3d —-, 2015 WL 5948724 (Fla. 4th
Continue Reading So who gets to occupy the decedent’s contested real estate?
Does a surviving widow have “standing” to assert her predeceased husband’s homestead rights?
Lyons v. Lyons, — So.3d —-, 2014 WL 5460621 (Fla. 4th
Continue Reading Does a surviving widow have “standing” to assert her predeceased husband’s homestead rights?
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
Continue Reading Should post-nuptial waivers of homestead rights be assumed anytime spouses sign a joint deed?
Surviving spouse’s Homestead Rights vs. ex-spouse’s contractual rights under Marital Settlement Agreement. Who wins?
It’s not unusual for marital settlement agreements (“MSAs”) to pop up as
Continue Reading Surviving spouse’s Homestead Rights vs. ex-spouse’s contractual rights under Marital Settlement Agreement. Who wins?