Month: April 2023
The Murky Waters- Lifetime Waiver by a Surviving Spouse of Their Homestead Right at Death
A recent case, Thayer v. Jefferson, illustrates how a surviving spouse can waive their homestead right under the Florida Constitution during their lifetime. As has been discussed in prior blogs, there are 3 aspects of Florida homestead. First, the homestead real...
Be Careful Transferring Rental Real Estate To an LLC…
Many advisors advise their clients to transfer rental real estate to an LLC for asset protection. However, a recent case illustrates how such a transfer may surprise the client. In S and A Property Investment Services, LLC v. Pedro Garcia et a (Miami-Dad)County...
Who should be the executor of your estate?
One of the purposes of having an estate plan is ensuring that you have control over what happens to your property and assets in the future. As the owner of a Florida estate, you have the right to have the final say over certain matters. One of the most important...