Skip to content

menu

Florida Probate & Trust Litigation Blog logo
About the AuthorTopicsSubscribeContact
Search
Close

Homestead Litigation

Subscribe to Homestead Litigation via RSS

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?

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

By Juan C. Antúnez on November 21, 2012

Hirchert Family Trust v. Hirchert, — So.3d —-, 2011 WL 2415787…
Continue Reading Does a trustee’s breach of fiduciary duty = “fraud” for equitable lien on homestead purposes?

Reliable, user-friendly homestead charts for the busy practitioner

By Juan C. Antúnez on October 5, 2012

There’s a good reason why homestead litigation is a recurring theme for…

Continue Reading Reliable, user-friendly homestead charts for the busy practitioner

Can a condo subject to a 100 year lease = creditor protected homestead property for your heirs?

By Juan C. Antúnez on July 2, 2012

Once again we have a homestead case where the key to understanding…

Continue Reading Can a condo subject to a 100 year lease = creditor protected homestead property for your heirs?

What happens “in a twinkle of an eye”when homestead property’s invalidly devised?

By Juan C. Antúnez on February 6, 2012

Estate planners beware. As reported here by the WSJ, “When it comes…

Continue Reading What happens “in a twinkle of an eye”when homestead property’s invalidly devised?

If a foreign national doesn’t qualify for the homestead tax exemption, is he also automatically disqualified from claiming homestead creditor protection?

By Juan C. Antúnez on November 28, 2011

Grisolia v. Pfeffer, — So.3d —-, 2011 WL 5864806 (Fla. 3d…
Continue Reading If a foreign national doesn’t qualify for the homestead tax exemption, is he also automatically disqualified from claiming homestead creditor protection?

Homestead rights evaporate at death if property was owned as a joint tenancy with right of survivorship

By Juan C. Antúnez on May 22, 2011

Marger v. De Rosa, — So.3d —-, 2011 WL 252942 (Fla.
Continue Reading Homestead rights evaporate at death if property was owned as a joint tenancy with right of survivorship

real estate law

Can husband and wife waive homestead rights by merely signing a joint deed?

By Juan C. Antúnez on April 24, 2011

Habeeb v. Linder, — So.3d —-, 2011 WL 613392 (Fla. 3d…
Continue Reading Can husband and wife waive homestead rights by merely signing a joint deed?

Does homestead property in marital trust lose its creditor protection?

By Juan C. Antúnez on January 11, 2011

This is the second time the 3d DCA has weighed in on…
Continue Reading Does homestead property in marital trust lose its creditor protection?

New legislation cures Florida’s “homestead trap” for widows and widowers and resolves conflicting judicial decisions regarding post-death disclaimers of homestead rights

By Juan C. Antúnez on September 17, 2010

Back in 2007 I wrote here about a provocative Florida Bar Journal…

Continue Reading New legislation cures Florida’s “homestead trap” for widows and widowers and resolves conflicting judicial decisions regarding post-death disclaimers of homestead rights

Post navigation

 Newer PostsOlder Posts 
About the AuthorTopicsSubscribeContact
Back to top of page
Juan C. Antúnez logo
Two Datran Center, Suite 1901
9130 South Dadeland Boulevard
Miami, FL 33156
Phone: (305) 379-4008
Fax: (305) 379-4848
RSS LinkedIn
DisclaimerPrivacy Policy

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.

    FY 2023-24 Probate Court Filing Statistics: How busy are our probate judges?

    2025 … The Year in Review

    2024 … The Year in Review

      Click here for prior years

About this Blog

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

Read More

Topics

Archives

Copyright © 2025, Juan C. Antúnez. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo