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Tagged: homestead property

Further Assault on the Homestead Citadel

September 26, 2017Jeffrey A. Cramer Estate Planning, Probate, Wills Equitable Lien, Florida homestead, homestead, Homestead Owners, homestead property, Probate, Unjust Enrichment, Wills
Homestead

In our last newsletter, we discussed the latest statutory assault on the homestead citadel Assault on the Homestead Citadel. In this newsletter, we will discuss a recent case law assault on Florida’s broad homestead protections.

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Marrying With Assets:

Keeping Your Estate Plan Intact [Part II]

February 6, 2015Jeffrey A. Cramer Estate Planning, Newsletter Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida estate planning, Florida homestead, homestead, homestead property, Jacksonville Estate Planning, marriage, second marriage
Homestead

This is the second installment in our series discussing the impact of marriage on the legal rights of spouses to share in each other’s assets. We now focus on what happens to a married person’s “homestead” property (primary residence) when he or she passes away.

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FLORIDA HOMESTEAD LAW VS. DIVORCE SETTLEMENT: WHICH WINS?

November 14, 2014November 15, 2014Jeffrey A. Cramer Newsletter divorce, Florida homestead, homestead property
Family Home in Florida Homestead Law

As our faithful readers (and workshop attendees) may recall, Florida homestead law is meant to protect a person’s primary residence from creditors, but its quirks can cause major problems, particularly for a blended family. A recent court decision illustrates that point in a situation where another potent ingredient was thrown into the mix: a marital settlement agreement. A “marital settlement agreement” is a legally-binding, final agreement between the husband and wife in a divorce case.

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PRECATORY LANGUAGE: THE DANGER OF UNLIMITED DISCRETION

August 11, 2014Jeffrey A. Cramer Estate Planning, Newsletter, Trusts, Wills assets, beneficiary, disputes between heirs, Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida estate planning, Florida estate planning lawyer, Florida homestead, Florida probate attorney, Florida trust lawyer, Florida will lawyer, gift, homestead property, inherit, inheritance, Jacksonville Estate Planning, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville probate attorney, Jacksonville trust, Jacksonville trust lawyer, Jacksonville will, Jacksonville will lawyer, Last Will, personal representative, precatory language, probate attorney in Jacksonville, probate estate, probate lawyer, probate lawyer in Jacksonville, revocable living trust, will challenge, will contest

Wording in a will or trust which allows a named person to decide where your property and money should go after your death (instead of you making that decision ahead of time) is called “precatory” language.  An example is the recent Florida case of Cody v. Cody, where Earler Martin’s will left his home, and the rest of his estate, to one of his three stepsons, “to divide between [himself and his brothers], as he sees fit and proper.”  Earler’s wish was probably that the inheriting stepson, Buford, divide up the home and other property equally between himself and his brothers.  However, the words he chose to express that desire defeated that intent.

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PLANNING FOR FLORIDA HOMESTEAD PROPERTY: IT CAN BE TRICKY

July 26, 2012July 26, 2012Jeffrey A. Cramer Areas of Practice, Estate Planning, Trusts, Uncategorized Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida homestead, homestead property, Jacksonville Estate Planning, trust

In our September 9, 2010 newsletter, we warned of a change in Florida’s homestead law effective October 1, 2010.  We updated our clients, as well as our readers, and many of them heeded that warning and made changes to their estate plans.  Clients of other attorneys may not have gotten the message.

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