typically identify the first homestead law
as those enacted by the
Interestingly, the issue has not been clearly addressed by the Florida courts, and the cases that seem to suggest an answer are, as will be shown below, largely irrelevant to the analysis and, worse, if woodenly applied, would produce a result that is arguably both contrary to Florida homestead law
The book analyzes the challenges trust and estate practitioners face, and discusses key issues such as homestead law
, trustee concerns, and how to effectively navigate the probate process.
Every state but Delaware, New Jersey, Pennsylvania and Rhode Island has some type of homestead law
The homestead law
is part of the Florida constitution and trumps everything else, including state law and statutes.
One of the crucial arguments about homestead law
bears a strong
Second, "the adoption of a Homestead law
and the extension of slavery were the two opposing ways of definitively settling the question of the status of the territories.
16) Florida's homestead law
extends beyond asset protection.
The law, called Designation of Homestead, is often confused with another homestead law
in the state that allows property owners to claim a Homestead Tax Exemption.
3d DCA 1987), the court stated that the purpose of the homestead law
is to promote the stability and welfare of the state by securing to the householder a home, so that the homeowner may live beyond the reach of financial misfortune.
She teaches wills and trusts and other estate planning and tax courses and has published articles involving various aspects of estate planning and homestead law
In the absence of a valid devise, Florida homestead law
provides that, if an individual dies owning a Florida residence titled in his name alone, and is survived by a spouse and lineal descendants, the surviving spouse takes a life estate, and the lineal descendants take a remainder interest, in the property.