Quick Read Summary (TLDR) Florida’s constitutional homestead creditor protection shields a primary residence from most creditors, a valuable exemption that can continue after the homeowner’s death. Maintaining this creditor shield depends on the property passing to a “qualifying heir,” who is defined by reference to Florida’s intestacy statutes (F.S. 732.103). The landmark Snyder v. Davis…
Quick Read Summary (TLDR) Credit card debt in Florida is the responsibility of the deceased person’s estate, not the surviving family members, unless they were a co-signer. Creditors must follow strict statutory deadlines and procedures to file a claim against the estate during the Florida probate process. Importantly, certain assets like homestead property and life…
Quick Read Summary (TLDR) When an elderly person passes away and leaves an estate to a caregiver or other trusted individual, family members sometimes question whether the decision was truly voluntary. Florida probate law provides a framework for challenging wills and trusts that may have been the result of undue influence, including manipulation or coercion….
Quick Read Summary (TLDR) Few things frustrate Florida homeowners more than firing a contractor for poor work, only to discover that same contractor has filed a construction lien for three times the value of the work actually performed. This situation leaves many property owners feeling trapped, unable to sell or refinance their homes while a…
Quick Read Summary (TLDR) Florida’s Senate Bill 264 (effective July 1, 2023) significantly restricts purchases by foreign real estate buyers from seven “countries of concern,” including China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria. The law imposes a near-total ban on Chinese nationals buying any real estate, while nationals from the other six countries…
Quick Read Summary (TLDR) To sue in Florida courts, an out-of-state (foreign) corporation or LLC must first register to “transact business” in the state by obtaining a certificate of authority; failure to register triggers Florida’s “door-closing” statute, which prevents the entity from initiating (prosecuting) a lawsuit. However, an unregistered entity can still defend itself if…
Quick Read Summary TLDR When a person dies owning property in Florida but their primary probate is in another state, the non-Florida court has no legal authority to allow heirs to inherit Florida property. This often forces heirs into a separate legal process called “ancillary administration” in a Florida court to properly transfer the title….
Quick Read Summary (TLDR) Enforcing out-of-state judgments against a debtor in Florida requires a legal process called “domestication” before any assets can be seized. US judgments are domesticated under the Florida Enforcement of Foreign Judgments Act (FEFJA), a streamlined process where a certified copy is recorded with a Florida Circuit Court. International money judgments require…
Quick Read Summary (TLDR) A neighbor’s fence encroaching on a property line in Florida does not automatically grant them ownership through adverse possession. To successfully claim land without a written title (the typical fence scenario), the neighbor must meet strict requirements, including openly possessing the land for seven consecutive years. Crucially, the person must also…
Quick Read Summary (TLDR) Any co-owner, regardless of ownership percentage, can file a partition action under Florida Statutes Chapter 64 to force either a physical division of the property or, more commonly, a court-ordered sale of inherited property. Florida’s 2020 Uniform Partition of Heirs Property Act added protections requiring a professional appraisal and giving non-selling…
SUSCRIBE
Sign up for News and Insights from South Florida Law
This will close in 0 seconds