In Florida, the question of whether an attorney should charge fees based on the value of the home or land is a common one. The answer to this question depends on whether the Home is considered a homestead. A Florida Homestead is a constitutionally protected piece of property which is…
In Florida a devise in favor of a beneficiary who predeceases the testator will fail unless there is clear intent or in certain relationships. Under Florida Statute 732.603 a devise to a grandparent or a descendant of a grandparent of the testator does not lapse but would be distributed per…
The Florida Constitution protects one’s Homestead from creditors. One provision that is often misunderstood is a devise of a homestead in a will when there are minor children in the family. In some cases two people are getting married and one has a home and a minor child. The spouse…
Xpress Seal Pro from As-Seen-On-TV- Products is a product I purchased to seal the caulk in my bathroom. The caulk in my shower needed replacing and I decided to purchase this after reading many review about this easy to use Professional caulking kit. I saw it on a TV commercial…
The Florida Supreme court has ruled affirmatively on the question presented to it. Whether, under Florida Statutes section 689.07(1) as it existed before its 2004 amendment, this Deed–which is a recorded real estate conveyance deed to a named trustee of a private express trust identified in the deed by name…
Where can I get a Form for Florida Lady Bird Deed is a question that I am often asked. Florida Lady Bird Deeds are generally not available on the Internet because not many Florida Lawyers even know what they are. They are also far more complex than a regular deed.…
Invalid transfer of Florida Homestead with do it yourself deed leads to unintended consequences! Man wants his second wife to have a life estate in his homestead after his death with the remainder to go to his children and not his second wife’s children. His mistake, he used a preprinted…
Chames v. Demavo, 32 Fla. L. Weekly S820 CR. Sup. Ct. December 20, 2007 An attorney owed fees from his clients under a retainer agreement attempted to enforce a lien against the homestead of the clients. The retainer agreement had expressly waived the parties’ constitutional homestead protection against claims of…
Phillips v. Hirshon, 963 So. 2d 227 (Fla. 2007). The supreme court agreed to hear a case which will determine if Florida’s revisions to the homestead laws allow for a cooperative apartment to be considered homestead property for descent purposes. We should have an answer on this question by the…
How can you tell if a Will has been altered? Most of the time you cannot tell by simply looking at the document. Often these documents are “tampered with” behind the scenes: friends, relatives, heirs or neighbors pressure, threaten or trick someone into changing, modifying or preparing a new Last…