Community Property in Florida – A Primer
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Habeeb v. Linder: Withdrawn!
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
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
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 [...]
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