Adding names to the ownership of your home normally does not change your $25,000 Homestead Exemption, BUT you may lose all or part of the protection your property receives from the Save Our Homes (SOH) assessment limitation or “cap”. The SOH cap keeps the assessed value of your home from…
Articles Posted in Homestead
Will I lose my Save Our Homes Cap if I add someone to my deed?
Maybe, depending on how you own the property (the “tenancy”), and if the new owner files for Homestead Exemption on your property. “Tenancy” is the term used to describe the way property is owned, the relationship between the owners, and what happens to the property when an owner dies. The…
Can I “undo” or cancel a deed that is already recorded?
In Florida, if the wording of your current deed has consequences that you did not intend, you may want to consider a corrective deed. Please consult an Florida Estate Planning Lawyer , title company or other real estate professional to help you prepare your corrective deed. The Property Appraiser’s office…
How to trandfer property and keep your Homestead Exemption and SOH Intact
Are there other ways of transferring my property for estate planning that will not disturb my Homestead Exemption or SOH Cap? Two methods of transferring your property will, in most cases, keep your Homestead Exemption and SOH intact: reserve a Life Estate for yourself or transfer your property to your…
Second Marriages: Estate Planning and More
When considering getting married for the second time, or to someone with a prior family it is important to consider Estate Planning, Long-Term Care, the family home, Social Security, Alimony, Survivor’s Annuities, and College Financial aid as an article on Forbes has reported. Florida Estate Planning becomes very important when…
Florida Unrecorded deeds and Estate Planning
Normally a Florida Estate Planning Lawyer would advise against signing a deed conveying a home or other property without recording the deed. What happens if a Florida deed or Florida Enhanced Life Estate Deed is signed but unrecorded? Is the deed valid? What risks are associated with unrecorded deeds? Why…
Florida Probate FAQ by Florida Bar
The Florida Bar has released consumer information on Florida Probate where they describe many of the issues related to Probate in Florida. They discuss the following: 1. WHAT IS PROBATE? 2. WHAT ARE PROBATE ASSETS? 3. WHY IS PROBATE NECESSARY? 4. WHAT IS A WILL? 5. WHAT HAPPENS TO PROBATE…
Waiving Your Homestead Protection: Florida Supreme Court Speaks
While credit is tight and many Jacksonville consumers are facing foreclosure on their homes, and attempts to collect old credit card debts, companies have been trying to use waiver of you homestead to collect debts. For over 100 years Jacksonville residents and those living in Florida have had been able…
Do it yourself Estate Planning: Bad News Part 3
A Florida Probate Lawyer Long Duong is reporting a mistake a client of his made with a modification to a Florida Will. The document was not properly executed and it was held to be invalid. This mistake cost the intended beneficiaries over $75,000. Some other examples of Do it your…
Spousal / Elective Share: Constitutional or Not?
Often in the process of Florida Estate Planning, Florida Elder Law, or Florida Probate I get asked about the effects of Florida’s Spousal Share Statutes. The statutes reserve 30 % of the decedents estate for a spouse in the event that the decedent did not provide at least that amount…