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The Florida Bar Journal

Real Property, Probate And Trust Law

Florida Irrevocable Grantor Homestead Trust: Having Your Cake and Eating it Too — Second Course

Real Property, Probate and Trust Law
The first course of this article discussed lifetime conveyances of homestead and analyzed how the Florida irrevocable grantor homestead trust...

Florida Irrevocable Grantor Homestead Trust: Having Your Cake and Eating It Too — First Course

Real Property, Probate and Trust Law
The popular idiom, “you can’t have your cake and eat it too,” is used to convey the concept that in...

Transferring Real Property into Limited Liability Companies in Florida: Benefits and Considerations

Real Property, Probate and Trust Law
Transferring real property into a limited liability company (LLC) is a popular choice among property owners. This is because LLCs...

Senate Bill 4-D and the Champlain Towers South Disaster: A Problem in Response to a Problem

Real Property, Probate and Trust Law
On June 24, 2021, we witnessed one of the most disturbing events in recent memory. A residential condominium building in...

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...