January 2017 Archives

Should my Will or Trust direct that my Homestead be sold upon my death?

As an estate lawyer, it is not uncommon to have clients ask that their Will or Trust be prepared directing that their primary residence (i.e. their homestead) be sold upon their death. Often their motivation will be to avoid disputes among their children over the home. Sometimes, it is because they believe none of their children want the home, so why not just sell it? From an estate planners point of view, the question becomes whether this is a good idea.

What is Ancillary Probate Administration in Florida?

In Florida, it is not uncommon for persons to own real property or other assets in the state while not being residents of the state. Each Winter, residents of northern states travel to their Florida properties to spend the cold months in Florida's warm weather. Many of these persons own homes in both their home state and in Florida. So what happens if these residents of other states die and still own Florida real property? Often the result is that two probate administration proceedings will need to be opened. The probate of the resident state is commonly referred to as the "domiciliary probate" and the probate in Florida would then be the "ancillary probate."

A Surviving Spouse's Right to Florida Homestead When There's No Will

The laws in Florida governing homestead real property can be complex and confusing. This is particularly true when the homestead is titled in the name of only one spouse who dies and does not leave a Will or Trust devising the homestead to the surviving spouse. This is not a scenario which most spouses would want.

Are Non-Compete Agreements Enforceable Against a Former Employee in Florida?

Employers sometimes ask their employees to sign non-compete agreements which limit the employees from competing against the employer after their employment ends. These agreements are sometimes referred to as "covenants not to compete." In other words, if a person is employed and has signed a non-compete agreement, when their employement ends, their employer could try to prevent the former employee from continuing to work in the same business or industry. Lawyers are often asked if these types of agreements are enforceable in Florida.

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