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FLORIDA ESTATE PLANNING CONSIDERATIONS – STEPPED UP COST BASIS

When designing an estate plan in Florida, one critical decision many individuals face is how to transfer property to their loved ones. Two common methods are inheritance through a will or trust and the use of a deed or gift during your lifetime. While both options ensure that your property reaches the intended beneficiaries, there… Continue reading FLORIDA ESTATE PLANNING CONSIDERATIONS – STEPPED UP COST BASIS

Understanding Florida Probate Law: The Order in Which Assets Are Sold to Pay Debts – AKA Abatement

Navigating probate in Florida can be complex, especially regarding the distribution of a deceased person’s assets. Florida Statute 733.805 provides a detailed hierarchy for using assets to satisfy debts, administrative expenses, and bequests, ensuring an orderly process for settling an estate. Florida Statute: 733.805 provides: 733.805 Order in which assets abate.— (1) Funds or property designated by… Continue reading Understanding Florida Probate Law: The Order in Which Assets Are Sold to Pay Debts – AKA Abatement

Obligations of Co-Owners of Property Under Florida Law

Last updated: June 2026 When two or more people own Florida real estate together, the law imposes mutual financial obligations on each of them. The right of contribution among co-tenants for expenses related to jointly owned property — taxes, mortgage payments, insurance, and necessary repairs — is a well-established principle of Florida law, rooted in… Continue reading Obligations of Co-Owners of Property Under Florida Law

FLORIDA PROBATE FOR OUT OF STATE OR OUT OF COUNTRY ESTATES: ANCILLARY ADMINISTRATIONS

Ancillary probate is a secondary Florida proceeding used when someone who lived in another state or country dies owning real property or other assets located in Florida. Because the courts in the decedent’s home state have no authority over Florida real estate, an ancillary administration under Fla. Stat. § 734.102 is opened in the Florida… Continue reading FLORIDA PROBATE FOR OUT OF STATE OR OUT OF COUNTRY ESTATES: ANCILLARY ADMINISTRATIONS

FLORIDA REAL ESTATE LIMITATIONS – HOMESTEAD PROPERTY CONVEYANCES WITH A SPOUSE

Real estate litigation in Florida often intersects a few different areas of law. Uniquely to our State of Florida is an embedded protection for the surviving spouse in the homestead residence of the decedent. So first of all, what is homestead? Homestead is your primary residence designated and protected by the property appraiser after filling… Continue reading FLORIDA REAL ESTATE LIMITATIONS – HOMESTEAD PROPERTY CONVEYANCES WITH A SPOUSE

LIFE INSURANCE LITIGATION – FEDERAL SUPREMACY CLAUSE CONSIDERATIONS

RIDGEWAY V. RIDGEWAY Life insurance litigation can be controlled by both state court and federal principles. In Florida a Trial Court Order in some circumstances has no effect on federal entitlement to life insurance benefits. This rule was most clearly set forth in the US Supreme Court case of Ridgeway v. Ridgeway (102 S. Ct.… Continue reading LIFE INSURANCE LITIGATION – FEDERAL SUPREMACY CLAUSE CONSIDERATIONS

UNDERSTANDING THE ROLE OF A CURATOR IN A FLORIDA PROBATE ADMINISTRATION

What is a curator in a probate estate and what is their role?  Florida Statute §733.501 defines what a curator is and why they would be appointed in a probate estate. 733.501 Curators.— (1) When it is necessary, the court may appoint a curator after formal notice to the person apparently entitled to letters of administration. The… Continue reading UNDERSTANDING THE ROLE OF A CURATOR IN A FLORIDA PROBATE ADMINISTRATION

RIGHTS UNDER THE FLORIDA TRUST CODE: QUALIFIED BENEFICIARIES

In Florida trust law, the term “qualified beneficiaries” is crucial for understanding the dynamics of trust management and the resolution of legal disputes. These beneficiaries either currently receive benefits from a trust or stand to receive them under certain conditions, such as the termination of the trust or the death of current beneficiaries. Key Takeaway:… Continue reading RIGHTS UNDER THE FLORIDA TRUST CODE: QUALIFIED BENEFICIARIES

Understanding Property Partition for Florida Homeowners

What is Property Partition? Property partition in Florida is a legal process that divides jointly owned property among its owners, allowing each to hold their portion independently. This is particularly relevant for Florida homeowners who might find themselves in various situations requiring the division of their property.  Common scenarios are when a non-married couple owns… Continue reading Understanding Property Partition for Florida Homeowners