The Florida Bar

Florida Bar Journal

  1. Home
  2. News & Events
  3. Florida Bar Journal & News
  4. Florida Bar Journal
  5. Real Property, Probate And Trust Law

The Florida Bar Journal

Real Property, Probate And Trust Law

Failure to Deliver: The Problem with “Pocket Deeds” and a Review of Alternatives

Real Property, Probate and Trust Law
A common issue plaguing estate planning attorneys and title attorneys is the “pocket deed” (a nondelivered deed), which is a…

The Uniform Partition of Heirs Property Act: A Solution in Search of a Problem

Real Property, Probate and Trust Law
A recent article in The Florida Bar Journal extolled the virtues of the Uniform Partition of Heirs Property Act (UPHPA…

Only One Can Win? Property Tax Exemptions Based on Residency Under Florida Law

Real Property, Probate and Trust Law
Clients want to move to Florida and keep their residency-based property tax exemption afforded in their prior state of residence.…

Preemptive Rights and Wrongs: First-Refusal and First-Offer Rights

Real Property, Probate and Trust Law
Sitting in your office, basking in the sense of accomplishment, perhaps hugging a beer or a glass of pinot noir,…

Full Disclosure: The Unexpected Ambits and Annals of the Adequate Disclosure Doctrine

Real Property, Probate and Trust Law
Florida, like other Uniform Trust Code states, has made a clear public-policy determination in favor of transparency in the administration…

Creating Vertical Subdivisions for Fun and Profit

Real Property, Probate and Trust Law
Vertical subdivisions are an urban concept allowing multiple separate parcels containing separate uses to be stacked in airspace under a…

A Sermon on the Mount (Sinai): Enforceability of Charitable Pledges Against an Estate and Guidance for the Estate Planner and Benevolent Personal Representative

Real Property, Probate and Trust Law
Charitable institutions often submit claims in estates for unpaid pledges that a decedent made. It is not uncommon that the…

Fiduciary Duty: A Foundational Tenet Trending Back Into the Forefront

Real Property, Probate and Trust Law
According to the U.S. Department of Commerce, in the next 15 years, nearly one in every five U.S. residents will…

Taking the “Quick” Out of Quitclaim Deeds

Real Property, Probate and Trust Law
The recent case of Dingle v. Dellinger, 134 So. 3d 484 (Fla. 5th DCA 2014), should be reviewed by all…

The New Closing Protection Resets the Understanding Between Lenders and Title Insurers and Corrects Unhealthy Nationwide Trends in the Caselaw

Real Property, Probate and Trust Law
A significant change to the closing protection letter (CPL) recently went into effect. On May 20, 2016, Florida’s Office of…