Show Original

Archive for the ‘Homestead’ Category

“Pitfalls and Traps to Avoid in Estate Planning” – Seminar on Nov. 5th

Trust and Estate Attorney Orlando

Please Join Us on Thursday, Nov. 5th for a Seminar at the Orange County Bar Assn. Top 10 (or so) Mistakes We See in Estate Planning – and Tips to Avoid Them! There are a variety of pitfalls, traps and missteps that practitioners and clients can make during the estate planning and administration process, any of […]

Improvements Made to Florida’s Estate Tax Apportionment Statute in ActionLine

Published: July 29th, 2015

By: David J. Akins

David J. Akins recently co-authored the article titled; Improvements Made to Florida’s Estate Tax Apportionment Statute which was published originally in the Florida Bar RPPTL Section’s ActionLine, Summer 2015 issue. The article may be viewed in its entirety HERE.   David J. Akins is a shareholder in the Orlando office of the Dean Mead law firm. He received […]

What Does the Demise of DOMA Mean for Floridians?

Trust and Estate Attorney Orlando
Published: October 8th, 2013

By: Matthew J. Ahearn

What Does the Demise of DOMA mean for Floridians? Section 3 of the of the Defense of Marriage Act (commonly known as DOMA) amended the Dictionary Act in Title 1, Section 7 of the United States Code to define “marriage” as only a legal union between one man and one woman as husband and wife […]

Estate Planning Department to Host Fall Seminar in Orlando – Asset Protection 2013 Update

Trust and Estate Attorney Orlando
Published: September 23rd, 2013

By: Matthew J. Ahearn Brian M. Malec Lauren Y. Detzel David J. Akins

You’re invited to:An educational seminar hosted by the Estate and Succession Planning Department This presentation will focus on recent legal developments that significantly impact planning opportunities for protecting your client’s assets, including developments regarding homestead, life insurance, asset protection trusts and LLCs. A short overview of the landmark Supreme Court opinion in Windsor and subsequent […]

Community Property in Florida – A Primer

Published: April 6th, 2012

By: David J. Akins

In Florida, many clients and their attorneys do not consider the effect of community property laws on estate planning or estate and trust administrations. Many clients come to Florida from other states and countries in which they have acquired community property. These clients, and their attorneys, need to identify any community property and carefully consider […]

Habeeb v. Linder: Withdrawn!

Published: May 27th, 2011

By: Dana M. Apfelbaum

On May 17, the 3rd District Court of Appeals issued an Order, upon its own motion, withdrawing its opinion for Habeeb v. Linder. The Habeeb decision, issued February 9, 2011, held that that a husband’s joint execution of a warranty deed with his wife, transferring the property to the wife alone, constituted a waiver of […]

Florida Homestead Planning

Published: March 28th, 2011

By: Robert J. Naberhaus III

There are many benefits under Florida law applicable to a Florida resident’s primary residence, also known as the resident’s “homestead.” This includes protection from general creditors, ad valorem tax benefits (i.e., homestead exemption and “Save Our Homes” protection) and rights of a surviving spouse (assuming he or she has not validly waived such rights in […]

Homestead and Habeeb: Waiver of Spousal Rights by Warranty Deed

Published: February 24th, 2011

By: Dana M. Apfelbaum

In a case of first impression, the Third District Court of Appeal of Florida issued an opinion in Habeeb v. Linder on February 9, 2011, finding that a warranty deed executed by Husband and Wife to only Wife constituted a waiver of all Husband’s spousal rights in the property, including spousal homestead rights. Although in […]