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The Florida Bar Journal

Real Property, Probate And Trust Law

Danger Will Robinson: The New Frontier of Remote Online Notarization and Electronic Wills

Real Property, Probate and Trust Law
On June 7, 2019, to the delight of some practitioners and the horror of others, the future of remote notarization...

What Would You Do Today If You Knew a Hurricane Was Going to Hit Your Home or Practice Tomorrow?

Lawyers spend a lot of time preparing for their careers. Most have spent 12 years of primary and secondary education,...

Homestead Planning Under Florida’s New “Safe Harbor” Statute

Real Property, Probate and Trust Law
F.S. §732.702 provides a statutory procedure for waiving spousal rights, including homestead rights, under written contracts, agreements, or waivers. New...

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...