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Homestead Litigation

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Why do-it-yourself estate planning can lead to unintended consequences for homestead property

By Juan C. Antúnez on March 22, 2008

Clemons v. Thornton, — So.2d —-, 2008 WL 624863 (Fla. 1st…
Continue Reading Why do-it-yourself estate planning can lead to unintended consequences for homestead property

Surviving spouse trapped by life estate she can’t afford

By Juan C. Antúnez on February 16, 2008

This case is the latest example of the lopsided unfairness resulting from…

Continue Reading Surviving spouse trapped by life estate she can’t afford

FL SCT: “The homestead exemption protects not only the debtor, but also the debtor’s family and the State”

By Juan C. Antúnez on January 14, 2008

Chames v. DeMayo, — So.2d —-, 2007 WL 4440212 (Fla. Dec…
Continue Reading FL SCT: “The homestead exemption protects not only the debtor, but also the debtor’s family and the State”

Florida Homestead Descent Examples

By Juan C. Antúnez on July 30, 2007

Kristen D. Drake, JD, CFP, publishes Coast Law, LLC, an excellent…

Continue Reading Florida Homestead Descent Examples

Does a spouse have to be on the deed to have homestead rights?

By Juan C. Antúnez on July 22, 2007

Taylor v. Maness, 941 So.2d 559 (Fla. 3d DCA Nov 15,…
Continue Reading Does a spouse have to be on the deed to have homestead rights?

Does Florida’s homestead protection trump a fraudulent transfer?

By Juan C. Antúnez on July 7, 2007

Dowling v. Davis, Slip Copy, 2007 WL 1839555 (M.D.Fla. Jun 26,…
Continue Reading Does Florida’s homestead protection trump a fraudulent transfer?

The New Homestead Trap: Surviving Spouses Are Trapped by Life Estates They No Longer Want or Can Afford

By Juan C. Antúnez on June 1, 2007

One of the basic building blocks of Florida probate law is the…
Continue Reading The New Homestead Trap: Surviving Spouses Are Trapped by Life Estates They No Longer Want or Can Afford

Can a co-op be homestead property?

By Juan C. Antúnez on May 6, 2007

Article X, section 4(c) of the Florida Constitution, which declares that “homestead…

Continue Reading Can a co-op be homestead property?
Gavel on bankruptcy Law books

Bankruptcy court says NO to equitable lien on homestead property

By Juan C. Antúnez on March 21, 2007

In re Gosman, 2007 WL 707365 (Bankr.S.D.Fla. Mar 05, 2007…
Continue Reading Bankruptcy court says NO to equitable lien on homestead property

Good news from the bankruptcy front: homestead in a revocable trust remains protected

By Juan C. Antúnez on March 14, 2007

I previously wrote here about Engelke v. Estate of Engelke, a…
Continue Reading Good news from the bankruptcy front: homestead in a revocable trust remains protected

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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.

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

    2025 … The Year in Review

    2024 … The Year in Review

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