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?
Does a trustee’s breach of fiduciary duty = “fraud” for equitable lien on homestead purposes?
Reliable, user-friendly homestead charts for the busy practitioner
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?
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?
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?
Homestead rights evaporate at death if property was owned as a joint tenancy with right of survivorship
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
Can husband and wife waive homestead rights by merely signing a joint deed?
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?
This is the second time the 3d DCA has weighed in on
Continue Reading Does homestead property in marital trust lose its creditor protection?