There are three separate aspects of homestead protections under Florida law. These include: asset protection, reduction(s) in property taxes, and safeguards for the surviving spouse and/or minor children of the deceased owner of a Florida homestead. Homestead: Asset Protection Homestead property—defined as one-half acre if located within a municipality, or…
Author: Brian M. Spiro
In Florida, the hearsay rule does not bar the contents of, and most testimony about, a decedent’s will or trust. The Florida “hearsay rule does not bar the testimony of the plaintiffs regarding (1) the fact that the decedent had executed a will and (2) the contents of the will.”…
Florida law permits the challenge to a joint account’s ownership where the creation of the ownership, or a change to the ownership, was the result of undue influence or lack of capacity. See, e.g., Cripe v. Atl. First Nat’l Bank of Daytona Beach, 422 So. 2d 820 (Fla. 1982). There…
Far too often we are faced with the reality that our parents are fallible, whether it be forgetting or refusing to take medication, giving away money, gifts, or possessions, or becoming violent with health care providers. Florida law provides several methods to allow you to step-in and obtain the appropriate…
In Florida, any adult resident of this state may serve as guardian. A non-resident may also serve as a guardian if they are a close relative of the ward: e.g., related by lineal consanguinity; a legally adopted child or adoptive parent of the ward; a spouse, sibling, aunt/uncle, niece/nephew, or…
