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Tagged: homestead

More 2018 Legislation

September 21, 2018Jeffrey A. Cramer Estate Planning, Florida Homestead, Homestead, Homestead Owners, Homestead Property, Trusts antenuptial, Deeds, homestead, intent, legislature

The Florida legislature thankfully has made it more difficult for a spouse to “accidentally” waive their homestead rights through vaguely worded or boilerplate deeds. Typically, constitutionally protected homestead rights only are waived in antenuptial agreements. However, those rights technically could be waived in any valid written contract, including a deed. Because prior cases had held that signing a deed with broader language than you knew could constitute a waiver, new statute F.S. 732.7025 now requires the following language to appear in a deed if it is to constitute a waiver of homestead: “By executing or joining this deed, I intend to waive homestead rights that would otherwise prevent my spouse from devising the homestead property described in this deed to someone other than me.” This is a welcome change.

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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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Assault on the Homestead Citadel

August 8, 2017Jeffrey A. Cramer Estate Planning, Probate, Trusts, Wills Elective Estate, Elective Share, Estate Planning Attorney, Florida homestead, Florida trust lawyer, homestead, Jacksonville estate planning lawyer, Trusts, Wills
Homestead

Effective July 1, 2017, the Florida Legislature has amended Florida Statute 732.2035 dealing with property entering into the “elective estate.” The Legislature has added into the list of assets that make up the elective estate for the first time, the decedent’s interest in property which constitutes the protected homestead of the decedent. The law establishing an elective estate or “elective share,” as it is known, is designed to protect surviving spouses from being completely disinherited. The law provides that a surviving spouse must receive at least 30% of the decedent’s “elective estate,” no matter what the decedent’s Will, Trust, or other type of estate plan might say. This statute then goes on to list all of the various types of properties and assets that are included in the calculation of the “elective estate.” Previously, the homestead was not included.

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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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Homesteads: The Good, the Bad, and the Ugly

June 6, 2013June 6, 2013Jeffrey A. Cramer Estate Planning Estate Planning, Florida Estate Plannning, homestead, Jacksonville estate planning attorney, Probate

 

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JACKSONVILLE, FLORIDA PROBATE ATTORNEY’S HORROR STORIES FROM THE REAL WORLD Story #3

December 28, 2010December 29, 2010Jeffrey A. Cramer Estate Planning, Probate, Trusts, Uncategorized, Wills children, death, died, disputes between heirs, Estate Planning, Florida probate attorney, homestead, intestate, intestate succession, Jacksonville probate attorney, Probate, probate attorney, siblings, trust, will

  As a Jacksonville, Florida Probate Lawyer, I have been involved in a probate dispute among six siblings.  This probate litigation is located in Duval County, Florida.  A mother died and left her estate to be divided among her six children. The tangible personal property was to be divided equally among the six children.  However, the mother specifically stated that one of the children could continue to live in her home, but that the living arrangements would be subject to an agreement among all of her children.  This has made for quite a probate dispute.  

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JACKSONVILLE, FLORIDA PROBATE LAWYER’S HORROR STORIES FROM THE REAL WORLD Story #2

December 27, 2010December 29, 2010Jeffrey A. Cramer Estate Planning, Probate, Wills death, died, dies, disputes between heirs, Estate Planning, homestead, intestate, intestate sucession, Jacksonville probate attorney, Probate, probate attorney

As a Jacksonville, Florida Probate Attorney, I recently was involved in a Duval County, Florida probate case where a mother of 9 children died without leaving a will.  The mother owned two homes at the time of her death.  Under Florida’s law of intestate succession, each child would be entitled to obtain a 1/9 interest in each property.  Because one of the properties was her homestead, the interests in the homestead descended on the date of death.  One of the children is in jail and another is a drug addict.

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