Notables

…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.

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?

…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.

…Partner Bill Boyes has been selected to the 2020 Lawyers of Distinction list. Lawyers of Distinction award winners represent the top 10% of attorneys in the United States and are chosen for their excellence in the practice of law through a rigorous evaluation and screening process led by the Lawyers of Distinction selection committee, which utilizes a U.S.

…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. 

…Effective noon today, July 9, 2020, and until further notice, Boyes, Farina & Matwiczyk will work remotely amid South Florida’s emergence as a COVID-19 epicenter.

Remote working does not impact our ability to serve your legal needs. It does protect you, our staff and visitors. All needs for in-person, in-office meetings will be addressed on a case-by-case basis.

…Boyes, Farina & Matwiczyk, P.A. announced The Florida Bar has appointed Partner John Farina to its Wills, Trusts & Estates Board Certification Committee for the 2020-2021 term. His service begins July 1, 2020 and runs through June 30, 2021. The committee evaluates attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice.

…The witness requirements to a will are clear and are set forth in Fla. Stat 732.502, that the testator must sign or acknowledge his signature on the will in the presence of two witnesses and that the attesting witnesses must sign the will in the presence of the testator and in the presence of each other. 

…Creating a will gives a testator the ability to ensure that his or her wishes are carried out after death, and ideally the testator will have a plan for safekeeping that original will.  This often includes having the nominated personal representative, and perhaps a trusted person or two, knowing where the original will is kept. 

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