In this recent decision, the Fourth District Court of Appeal reviewed the requisites for execution of a deed. The Fourth District explained that where all essential legal requisites are present, legal title is conveyed, and that void deeds would be limited to forged deeds or deeds that violate constitutional homestead protections. Here, the trustees signed a deed transferring a condominium out of the trust to the settlor, and a beneficiary then challenged the validity of the deed. Due to the unique nature of the revocable trust involved and the settlor’s right to control the disposition of her own property, namely her condominium, the appellate court found that the trial court erred in declaring the deed void….
What does the phrase “Internet of Things” really mean? The Internet of Things, or “IoT”, refers to the connection of everyday objects or devices to the internet, like wearable devices (such as Fitbits, Garmins, and Apple Watches), home electronics (such as Ring doorbell cameras, Nest cameras and home thermostats), devices that use natural language assistants (such as Alexa and Siri), Smart TVs, computer technology integrated into cars (such as the Tesla), and many others. Many objects or devices that are connected to the internet and collecting data, whether by use of the device itself or in the cloud, may likely be part of or be connected to the IoT….
To sue an estate, there needs to be a personal representative. An “estate” cannot be a party to a lawsuit. This concept was again explained by the Court in the recent decision of De La Riva v. Chaves, — So. 3d —, 2020 WL 532283 (Fla. 4thDCA Sept. 9, 2020). In De La Riva, the Fourth District Court of Appeal explained that, when trying to sue an estate:
“[I]t is well-settled that ‘an “[e]state” is not an entity that can be a party to litigation….
School districts across the country are now faced with further unprecedented tests – beginning a new school year in the middle of the COVID-19 global pandemic. With millions of confirmed cases in the United States, including hundreds of thousands of fatalities, it is undoubtedly concerning for teachers to go back into the classroom in fear of their own health and safety, even with some degree of remote or distance learning. It is beyond heartbreaking for teachers to be feel forced between the career they chose and love and their health and safety. …
After the proper presentation of claims against a decedent’s estate, it is then a personal representative’s duty to pay valid claims to the extent of the funds and assets of the estate which he or she has in his or her hands, subject, of course, to the decedent’s debts.
It is a personal representative’s obligation to ascertain the propriety and existence of the decedent’s debts and pay (and/or settle) those debts. Payment of a claim depends on the circumstances of the case and the intent of the parties, as well as other elements necessary for a valid payment. …
Amid buying baby clothes, diapers, and toys, setting up a nursery, and managing the sleepless nights of new parenthood, estate planning may not be on the list of priorities for new parents. What about considering how a child’s everyday needs would be met if they pass away: making sure they have well-balanced meals, seeing doctors for checkups, and getting a good education? Admittedly, it is an uncomfortable thought, but nevertheless important to address through estate planning.
Estate planning is often bigger than just wills and trusts. …
Does renting a room in a homestead property destroy the unique protections of a Florida homesteaded property? The Second District Court of Appeal said no. Homestead property which is rented to tenants loses protection from creditors (and therefore the homestead exemptions) if the rented portion contains completely separate living quarters or common areas, such as separate living rooms and kitchens, and can be divided by imaginary horizontal or vertical lines, such as duplexes and triplexes.
In Anderson, the Decedent died owning a 4 bedroom house. …
Florida guardianship lawyers often encounter cases involving financial exploitation of the elderly or exploitation of a vulnerable adult. Attorneys receive calls from concerned friends or relatives regarding an elderly loved one being financially exploited or abused. What can you do, and how to know when you need an experienced guardianship lawyer?
Many times, cases that involve the exploitation of an elderly or vulnerable adult involve those with diagnoses of Alzheimer’s disease, dementia, or other memory or cognition-related issue….
A reverse mortgage may initially seem to be a good way to convert home equity into immediate cash, and without the need for making monthly mortgage payments. Before considering a reverse mortgage, however, you should consider speaking with your accountant, financial advisor, and estate planning attorney to fully evaluate the tax and estate ramifications.
The amount of money that a homeowner can borrow is based on the equity in the home, the homeowner’s age, and the applicable interest rate. …
This recent Fifth District Court of Appeal opinion reversed the trial court’s decision to impose a constructive trust over assets that were appropriately part of the Decedent’s estate.
In 2011, during the course of Decedent’s marriage to her daughter Lauren, Arlene Schwartz (the appellee, hereafter, “Schwartz”) loaned the Decedent and Lauren $260,000 for the purchase of a condominium. The Decedent formed an LLC to own and manage the condominium, ultimately purchased the condominium in his name and then transferred it to the LLC….