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Homestead Litigation

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When is a homestead waiver … not a homestead waiver?

By Juan C. Antúnez on February 13, 2023

Article X, section 4(c) of the Florida Constitution consists of two operative…

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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

Sometimes third parties who had no knowledge of a family’s probate proceeding…

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

By Juan C. Antúnez on May 23, 2020

Most probate proceedings are uncontested family affairs. In almost all respects that’s…
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Can “excusable neglect” get you an extension to file a late homestead election?

By Juan C. Antúnez on January 20, 2020

One of the basic building blocks of Florida probate law is the…
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Can a co-op be homestead property? (Part II)

By Juan C. Antúnez on December 23, 2019

The key to understanding this case is recognizing that one word —…
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Is “unjust enrichment” enough to pierce Florida’s homestead shield?

By Juan C. Antúnez on September 11, 2017

Flinn v. Doty, — So.3d —-, 2017 WL 923508 (Fla. 4th…
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So who gets to occupy the decedent’s contested real estate?

By Juan C. Antúnez on June 4, 2017

Contested probate proceedings often revolve around conflicting claims to specific property that’s…

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

By Juan C. Antúnez on February 2, 2015

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?

By Juan C. Antúnez on January 19, 2015

Under Florida law a surviving spouse’s testamentary rights in the couple’s marital…

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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

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?

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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

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The Florida Probate & Trust Litigation Blog is authored by Juan Antúnez of Stokes McMillan Antúnez Martinez-Lejarza P.A

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