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…
Category: CS Blog
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 A recent, albeit unpublished decision from the United States…
Trusts are perhaps the most dynamic tool in the estate planner’s toolbox. Trusts have a variety of benefits that include establishing rules with respect to the management and disposition of your assets and the potential provision of significant tax savings. There are many types of trusts, and this blog post…
It is snowbird season in Florida, the time of year when residents of northern states migrate to the Sunshine State to escape the harsh winters. Florida has long been a popular destination for snowbirds wanting to spend the winters in a warmer climate, and eventually to relocate permanently. Those who…
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…