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Jurisdiction and Venue Basics for Florida Trust Litigation

A common scenario in Florida Trust litigation occurs when a settlor creates a trust in Florida but the trustee is out of state.  Questions arise as to the proper jurisdiction and venue for bring forth trust litigation.  Fla. Stat. 736.0202 is instructive; it provides in pertinent part:

Title Considerations for a Florida Mobile Home Purchase

Florida law requires that the transfer of mobile homes in most cases be done through transfer of a certificate of title.  The applicable Florida statute, Fla. Stat. 319.So22(1) provides: (1)Except as provided in ss. 319.21 and 319.28, a person acquiring a motor vehicle or mobile home from the owner thereof, whether or not the owner… Continue reading Title Considerations for a Florida Mobile Home Purchase

Florida Homestead Property

One of the more frequently encountered areas of confusion in Florida Probate and real property disputes revolves around Florida’s state constitutional protections for homestead property.  The Florida constitution Article 10, section 4 of the Florida constitution provides: SECTION 4. Homestead; exemptions.— (a) There shall be exempt from forced sale under process of any court, and no judgment,… Continue reading Florida Homestead Property

What is a Personal Representative and What are their Responsibilities in a Florida Probate?

Importantly, in a Formal Administration a Personal Representative is nominated.  Often referred to as an “executor” in other states, Florida requires that a person be appointed as the Personal Representative to administer a Formal Administration probate proceeding.  Whether you are being nominated as the potential future Personal Representative in a Last Will and Testament or… Continue reading What is a Personal Representative and What are their Responsibilities in a Florida Probate?