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Real Property, Probate And Trust Law

Understanding the New Florida Community Property Trust, Part II

Real Property, Probate and Trust Law
Death of a Spouse A Florida Community Property Trust (FLCPT) is a joint trust that holds the assets of a...

Understanding the New Florida Community Property Trust, Part I

Featured Article
The Florida Community Property Trust Act,[1] which is effective for such trusts created on or after July 1, 2021, provides...

Protectors and Directors and Advisers: Oh My! The New Florida Uniform Directed Trust Act

Featured Article
In July 2021, Florida adopted the new Florida Uniform Directed Trust Act (FUDTA),[1] in response to the increased use of...

Can Selection of a Trustee Be a Material Purpose Under F.S. §736.0706(2)(d)?

Real Property, Probate and Trust Law
Establishing a paradigm in which the settlor’s intent may be respected is an important aspect of a well-drafted estate plan....

Where the Presumption of Undue Influence Should Not Apply: Consider the “Dutiful Son” and the “Dutiful Daughter” Exceptions

Real Property, Probate and Trust Law
More than 30 years ago, our Florida Supreme Court in In re Carpenter, 253 So. 2d 697 (1971), outlined relevant...

2020: A Challenging Year for Keeping Up With Changes to Probate and Guardianship Rules and Statutes

Real Property, Probate and Trust Law
In addition to all of the unprecedented changes affecting just about every aspect of their lives in 2020, probate and...

Enter the Twilight Zone: The IconBrickell Case and Mixed-Use Condominiums

Real Property, Probate and Trust Law
As Florida has become more citified, mixed-use developments have become much more common. Typically, these buildings consist of a single...

Terrain, Taxes, and Land Trusts: Saving the Florida Panther Through the Use of Conservation Easements

Real Property, Probate and Trust Law
The Florida panther (puma concolor coryi), the official state animal of Florida, is the last remaining subspecies of “Puma” (also...

The End of the Two Subscribing Witnesses Requirement for Florida Leases

Real Property, Probate and Trust Law
The Florida Legislature passed a bill in the 2020 session amending F.S. §689.01 (known as the statute of conveyances) so...

Overcoming Retirement Plan In-SECURE-ity

Real Property, Probate and Trust Law
The SECURE Act (Setting Every Community Up for Retirement Enhancement Act of 2019) (SECURE), which was signed into law on...