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The Florida Bar Journal

Real Property, Probate And Trust Law

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...

Recent Amendments Bring Important Changes to Florida’s Elective Share

Real Property, Probate and Trust Law
In 2013, the Real Property, Probate and Trust Law (RPPTL) Section of The Florida Bar convened an ad hoc committee...

Homestead Sweet Homestead? How Code Enforcement Liens Should Be Treated Under the Constitutional Homestead Exemption

Real Property, Probate and Trust Law
The term “cherry picking” is defined as pointing to data that appears to confirm one’s opinion while ignoring contradictory data.1...

Trust Protectors Under Current Florida Law: A Passing Trend or Valuable Planning Tool?

Real Property, Probate and Trust Law
The use of trust protectors has attracted much attention over the past few years, but as with many planning tools,...

Do You Speak Legalese?

Real Property, Probate and Trust Law
Each profession has its own jargon but most professions rely on modern English as their base. Real estate and other...

Putting Conventional Probate Concepts to the Test: Parker v. Parker and the Decedent’s Estate as an Indispensable Party

Real Property, Probate and Trust Law
The recent decision by the Fourth District Court of Appeal in Parker v. Parker, 185 So. 3d 616 (Fla. 4th...

Florida Community Associations Versus Airbnb and VRBO in Florida

Real Property, Probate and Trust Law
The internet has spawned yet another market disrupting concept. Airbnb and VRBO, relying in part on “I own it and...