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Garcia v. Andonie, Fla. No. SC11-554 (1042012)
  • Proskauer Rose LLP
  • USA
  • November 15 2012

The Florida Supreme Court ruled that a Honduran couple's condominium in Miami-Dade County qualified for the Florida homestead property tax exemption because the couple's minor children were US citizens and permanent residents of the state.


Rosenkrantz v. Feit (Fla. Dist. Ct. App., December 14, 2011)
  • Proskauer Rose LLP
  • USA
  • March 6 2012

A Florida intermediate appellate court held that co-agents under a power of attorney are subject to the same fiduciary principles that apply to co-trustees and that a co-agent under a power of attorney had both the right and duty to seek an accounting from the co-agent.


Hirchert Family Trust v. Johnee Ann Alle Hirchert (District Court of Appeal of Florida, Fifth District, June 17, 2011)
  • Proskauer Rose LLP
  • USA
  • September 14 2011

The District Court of Appeal of Florida upheld an exception to the Florida homestead exemption in a case where a trusteedeceased husband of the defendant breached his fiduciary duty as trustee in California, and the defendant later used the proceeds resulting from this breach to purchase real property in Florida.



Homestead exemption allowed for separated (but not divorced) taxpayer
  • Proskauer Rose LLP
  • USA
  • December 6 2010

In Wells v. Haldeos, Fla. Dist. Ct. App., 2nd Dist., Dkt. No. 2D09-4250 (10222010), an appeal by the property appraiser of Pasco County, Florida of a final judgment in favor of the taxpayer, the Florida District Court of Appeals for the 2nd Circuit held that a separated (but not divorced) taxpayer was eligible to receive a homestead exemption for his property in Florida despite the fact that his wife receives a residency-based property tax exemption on a separate property in New York.


Florida legislature grants courts the broad power to construe wills and trusts in the absence of a federal estate tax
  • Proskauer Rose LLP
  • USA
  • August 1 2010

The Florida legislature has amended 733.1051 of the Florida Probate Code and 736.04114 of the Florida Trust Code to grant Florida courts broad authority to determine and effect the TestatorSettlor's probable intent in employing a formula bequest, in the event such bequest does not function correctly due to the lack of a federal estate or generation-skipping transfer ("GST") tax in 2010.


New Florida statute affirms that inter vivos QTIPs are not self-settled trusts
  • Proskauer Rose LLP
  • USA
  • August 1 2010

The Florida legislature has amended 736.0505 of the Florida Trust Code, effective July 1st, to explicitly state that an inter vivos qualified terminal interest property ("QTIP") trust will not be considered a self-settled trust, even if the trust agreement provides that assets are to be held in further trust for the benefit of the Settlor if he or she survives his or her spouse.


Spendthrift provision of trust not invalidated despite control by beneficiary
  • Proskauer Rose LLP
  • USA
  • July 1 2010

In Miller v. Kresser, --- So.3d ---, 2010 WL 1779899 (Fla. 4th DCA May 5, 2010), the Florida Court of Appeal, Fourth District, ruled that a creditor cannot invalidate a trust's spendthrift provision to reach the trust assets so long as the language of the trust agreement meets statutory requirements.


Andrew M Katzenstein
  • Proskauer Rose LLP

Albert W Gortz
  • Proskauer Rose LLP