Article X, section 4(c) of the Florida Constitution consists of two operative
Continue Reading 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?
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?
Contested probate proceedings often revolve around conflicting claims to specific property that’s
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?
Under Florida law a surviving spouse’s testamentary rights in the couple’s marital
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?