Florida Statutes sec. 222.25(4) allows an additional $4,000.00 personal property exemption for debtors who do not “claim or receive the benefits of a homestead exemption under s. 4, Art X of the State Constitution.” If a debtor still lives in his homestead, but does not claim it exempt, is he still entitled to the “wildcard” …
A homestead cannot be devised by Will in Florida if the decedent is survived by a spouse or minor child. Most married couples with a minor child avoid this problem by placing the home in joint names. If the homestead is not in joint names, Article X, sec 4(c) of Florida’s Constitution allows a homestead …
Bankruptcy practitioners should be aware of the amendments to the Bankruptcy Rules which became effective on December 1, 2010. Several changes are worthy of note. Amendments to Bankruptcy Rule 1019 make it clear that interested parties (usually the Chapter 7 trustee) get a new time period to object to a debtor’s claim of exemptions in …
Recent amendments to Florida’s Probate Code became effective on October1, 2010. Chapter 2010-132, Laws of Florida, should be required reading for all Florida lawyers whose practice includes probate. Some of the changes only clarify existing law, such as the changes relating to formal notice. Other changes are significant, including new section 732.805 which deals with …
Amendments to Florida’s Probate and Guardianship Rules become effective January 1, 2011. There are numerous changes intended to clarify the existing rules. At least three changes should be brought to the attention of all probate practitioners. F.P.R. 5.030 allows attorneys to file a limited appearance in a probate case. Upon completion of the limited appearance, …
Florida Statutes 222.25(4) allows an additional $4,000.00 personal property exemption for debtor’s who do not “claim or receive the benefits of a homestead exemption under s. 4, Art x of the State Constitution.” If a debtor still lives in his homestead, but does not claim it exempt, is he still entitled to the “wildcard” $4,000.00 …
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