Articles Posted in homestead

Any Devise of Homestead Property That Does Not Grant a Fee Simple Interest to a Surviving Spouse … Fails
James W. Martin, P.A.

Nat Stirberg died leaving his surviving spouse Valerie Stirberg and children to litigate over who owns his homestead apartment. The case was decided on March 15, 2023, when the Florida Fourth District Court of Appeal in Stirberg v. Fein as Co-Trustee of Nat Stirberg Revocable Residence Trust, 48 Fla. L. Weekly D577, decided that the…

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Legal Ways To Preserve Wealth In Florida
James W. Martin

Legal Ways To Preserve Wealth In Florida The word is out on Tampa Bay: sunny skies, white sandy beaches, water all around, and the world’s best airport; the arts, culture and music; state-wide cell phone coverage; high speed cable modem Internet access. What a great place for the High Tech to live! What is not…

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Florida Home Looked Like Homestead But Wasn’t
James W. Martin

When a Florida resident dies, the Florida Constitution protects the surviving spouse and minor children from becoming homeless by prohibiting the decedent from leaving the homestead to anyone else. It says “[t]he homestead shall not be subject to devise if the owner is survived by spouse or minor child.” That seems pretty clear. But, apparently,…

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Renting Florida Homestead Could Be Costly to Owner
James W. Martin

Times are tough for Florida homeowners. But renting out your home and living elsewhere might make it even tougher. This is because you might be abandoning your homestead protections when you do this. Florida law grants Florida homeowners several protections with regard to their homesteads. First is the homestead exemption on the annual real estate…

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