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Category: CSBB Blog

Checklist for a Florida Personal Representative

March 8, 2023 CSBB Blog

In Florida, probate is a court-supervised procedure for administering a deceased person’s estate. This procedure includes identifying and collecting the decedent’s assets, paying the decedent’s debts and funeral expenses, and distributing the decedent’s assets to his or her beneficiaries.  The court generally must appoint a “Personal Representative” to manage the…

Did You Just Pledge Everything You Own? The Eleventh Circuit’s Surprising Decision Opens Avenue for Creditors to Access Exempt Assets

January 18, 2023 Asset Protection

Chapter 222 of the Florida Statutes contains the statutory exemptions that protect certain assets from attachment or garnishment under Florida law.  Historically, the statutory exemptions have been liberally construed in favor of protecting the debtor against creditor claims to exempt assets.  A recent, albeit unpublished decision from the United States…

Understanding Florida Homestead

November 4, 2022 CSBB Blog

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…

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