Foreign Financial Assets, Form 8938 Instructions

By rnaberhaus | March 5, 2012

At the beginning of 2011, we posted about the new reporting requirement for certain individuals who own foreign assets over a certain threshold. For tax years beginning after March 18, 2010, citizens, resident aliens and certain nonresident aliens with specified foreign assets with an aggregate value exceeding the threshold must file the new Form 8938…

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Habeeb v. Linder: Withdrawn!

By rnaberhaus | May 27, 2011

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…

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Florida Legislative Update Regarding Trusts and Estates Law

By rnaberhaus | May 13, 2011

Governor Scott is expected to sign House Bill 325 into law shortly. House Bill 325 provides for several changes to the existing trusts and estates law. These changes are briefly summarized below. Fiduciary Lawyer-Client Privilege. There is a new fiduciary lawyer-client privilege rule, whereby a fiduciary client is protected to the same extent as any…

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Homestead and Habeeb: Waiver of Spousal Rights by Warranty Deed

By rnaberhaus | February 24, 2011

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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