HELLO!
If you have found your way to this LibGuide, you probably have conducted a keyword search of “homestead” in the hopes of discovering a handy-dandy guide to this amorphous creature. If you are looking for an in-depth discussion of the homestead tax exemption (i.e., Article VII of the Florida Constitution), federal law or trusts, you will need to keep researching. However, if you are looking for a research guide that provides access to resources relating to how a Homestead property and its exemption pass to others when the property owner dies and how the exemption interacts with Florida’s Intestacy and Will statutes (i.e., Article X, § 4), then you may be in the right place.
PURPOSE
The purpose of a LibGuide is to provide access to resources that pertain to a particular topic and to provide research guidance. My goal is to provide a brief overview of the devise of a Homestead property (i.e., how this type of property may and may not be transferred to another person upon the land owner’s death) and access to both free and fee databases that may be able to aid researchers in their investigations. This site offers the following types of information: Secondary Sources, Legislative Law (Florida Constitution and Florida Statutes), Legislative History, Case Law, Administrative Law, Court Rules and Forms, Trial Preparation, and basic reference materials.
HOW TO USE THIS SITE
This site assumes that you already know what you are doing in general (i.e., how to probate a case) and are simply looking for more information about a particular nuance (i.e., Homestead). For our purposes, the capitalized word “Homestead” refers to the usage in Article X, § 4 of the Florida Constitution and the term “homestead” refers to all other usages. A reference to “Article X” means the Homestead protection found in § 4.
General Information
In general, this site may be accessed any way you please. You can jump right into any tab, look solely at documents, look solely at content, or look at everything. However, no matter what your research decision is, I personally recommend that you read this introduction so that you can see the organizational method.
There are four pages on this site: Home, Homestead Proper, Homestead & Intestacy, and Homestead & Wills. Each contains information relating to its specific topic and links to outside resources with a description of what is to be found there.
Because most sections have subtopics, I have included internal scrollbars. These allow the researcher to see all of the headings without going too far. To use the internal scrollbars, place your cursor (i.e., arrow) below an underlined heading and you will be able to scroll within that subtopic.
The links on this site are color-coded. A green link or a light blue link with a PDF icon indicates that the resource is free. Because not all legal resources can be found for free on the Internet, some of these hyperlinks connect to resources that are only available in person at a Law Library, or to a discussion that is not necessarily citable authority. In other words, while the information may be helpful in understanding what is going on, if it is not an official legal resource (i.e., Online Sunshine or a law book) it probably shouldn't be cited in a brief. Judgment should be used when dealing with “unofficial” sources.
A red link goes to LexisNexis, a light blue link goes to Westlaw, and a purple link goes to Bloomberg Law. While these resources can be extremely helpful, they are available by subscription only and require a password to access the information. Please see your local Law Librarian for more details about the availability of access to these databases.
A dark blue link goes to a resource that may be free at the beginning, but leads to a service that eventually costs money (i.e., the Florida Bar’s referral service has some free aspects, but the lawyer at the other end will probably not be working pro bono).
Some links, go to a resource’s table of contents, rather than directly to a particular piece of information. I did this so that researchers would be able to see the “big picture” and be able to not only find what they are looking for, but also have the chance of finding what they didn’t know existed.
The Home Page
This front page has this introduction; tabs on on How to Read a Citation, Spousal Protections, and Resources; and definitions of many of the legal terms that are used on this site.
The “How to Read a Citation” tab provides a quick guide to what the various numbers and letters in a legal citation mean.
Because Homestead is one of the seven protections that the State of Florida offers to the Spouse of a Decedent, I have included a “Spousal Protections” tab. This tab has links to secondary sources that discuss the protections and the Florida statutes that grant them.
The “Resources” tab has a listing of the legal clinics and referral services that may be able to assist with Article X issues.
The Definitions section is a unique element on this site. It is intended to help the researcher understand the legalese that is required to discuss this topic. Each term is in bold and followed by a link to a free definition, to LexisNexis’ legal dictionary, and Black’s Law Dictionary (found on Westlaw). Below each term, I included my own definition to explain how the term is used on this LibGuide.
Homestead Proper
The “Homestead Proper” page discusses Homestead and contains the main resources for this site. It provides a discussion of what Homestead is and what it is intended to do. It also has a copy of Kelley’s Homestead Paradigm (i.e., an analysis of how to tell if a property is or is not protected Homestead) and an explanation of how to read and interpret the Paradigm.
Homestead & Intestacy
This page discusses Florida’s Intestacy laws and how Homestead utilizes those laws.
Homestead & Wills
The Wills page provides a (very) brief overview of what it takes for a Will to be valid in the State of Florida. The page also examines how the issue of Homestead can alter the testamentary scheme of even the most carefully drafted document.
Welcome to Homestead!
CONSTITUTION CITATIONS
[Article of Constitution] , [Section of the Article] , [Article Subsections] , [Constitution being Cited]
Art. X, 4(a)(1), Fla. Const.3
STATUTE CITATIONS
[Chapter Number . Chapter Parts] , [Florida Statute] [Year Enacted]
732.101, Fla. Stat. (2002)
[Florida Statute] [Section Sign] [Chapter Number . Chapter Parts]
Fla. Stat. § 732.101
CASE CITATIONS
[Case Name] , [Volume Number of Reporter] , [Reporter] [Page in Reporter Where Case Begins] , [Page Number Cited] ([State Year Decided]).
Public Health Trust v. Lopez, 531 So. 2d 946, 947 (Fla. 1988).
Florida District Court of Appeals
[Case Name] , [Volume Number of Reporter] , [Reporter] [Page in Reporter Where Case Begins] , [Page Number Cited] ([State / District Court of Appeal / Year Decided]).
Cavanaugh v. Cavanaugh, 542 So. 2d 1345, 1351 (Fla. 1st DCA 1989).
SECONDARY RESOURCES
Belcher's Redfearn Wills & Administration in Florida : Ave Maria School of Law
Chapter 5 Elective Share : Provides links to the chapter sections that discuss the Elective Share and the Surviving Spouse's rights to it.
Florida Elder Law : KFF 80.W447
This book is available through the Ave Maria School of Law Library.
Florida Elder Law -- Florida Practice Series
§ 7.18 Marital Election : Brief discussion of the Surviving Spouse's right to the Elective Share.
Florida Jurisprudence 2d: Decedent's Property: Testate Succession : Ave Maria School of Law
§ 206 Pretermitted Share of Surviving Spouse : Discussion of Florida's Pretermitted Spouse Doctrine and the public policy surrounding it.
§ 733 Elective Share of Surviving Spouse : Defines the Surviving Spouse's right to the Elective Share and the statutory law associated with the doctrine.
§ 751 Waiver of Surviving Spouse's Right to Election : How and when a spouse may waive his/her right to the elective share.
STATUTES
Fla. Stat. § 732.102–Spouse's Share of Intestate Estate : Online Sunshine ; LexisNexis ; Westlaw
Share of estate that surviving spouse receives.
Fla. Stat. § 732.201–Right to Elective Share : Online Sunshine ; LexisNexis ; Westlaw
Defines Spouse's right to a specific portion of the estate.
Fla. Stat. § 732.301–Pretermitted Spouse : Online Sunshine ; LexisNexis ; Westlaw
Defines Spouse's right to a specific portion of the estate when the Spouse is unintentionally left out of or inadequately provided for in a Will.
Fla. Stat. § 732.401–Descent of Homestead : Online Sunshine ; LexisNexis ; Westlaw
How a Spouse's interest in a Homestead is protected.
Fla. Stat. § 732.402–Exempt Property : Online Sunshine ; LexisNexis ; Westlaw
Personal Property that is exempt from claims against an estate.
Fla. Stat. § 732.403–Family Allowance : Online Sunshine ; LexisNexis ; Westlaw
Defines conditions and amount of money Spouse or Decedent's Family is entitled to for bills while waiting for the estate to settle.
Fla. Stat. § 732.702–Waiver of Spousal Rights : Online Sunshine ; LexisNexis ; Westlaw
How a Spouse may waive his/her protections.
Fla. Stat. § 732.805–Spousal Rights Procured by Fraud, Duress, or Undue Influence : Online Sunshine ; LexisNexis ; Westlaw
What happens when a Spouse gains rights illegally.
Fla. Stat. § 733.301–Preference in Appointment of Personal Representative : Online Sunshine ; LexisNexis ; Westlaw
To whom the courts give preference when naming a Personal Representative for an estate.
Fla. Stat. § 733.302–Who May Be Appointed Personal Representative : Online Sunshine ; LexisNexis ; Westlaw
Some of the legal requirements to be a Personal Representative.
CLINICS
Ave Maria School of Law : The Gregory T. Holtz Estate Planning and General Practice Clinic
Elizabeth Donovan - Director of Legal Clinics : emdonovan@avemarialaw.edu : (239) 687-5522
This clinic is run by licensed faculty who oversee students who help clients with basic estate planning, probate, civil, and consumer law issues.
Community Legal Services of Mid-Florida
This group provides free legal services to those who qualify in their district, including Elder Law needs.
Florida Rural Legal Services, Inc.
This group services 13 rural counties in Florida and may be able to help with Elder Law needs.
Legal Services of North Florida
This link connects to a site that has contact information for free resources in the Leon County area.
LEGAL AID / REFERRAL SERVICES
Probate - The Court Process : Provides a brief explanation of the court probate process and where to find probate forms.
Self-Help Centers Near You : Links to places where you can find self-help information throughout the State.
Legal Aid Resources : Provides links to Local Legal Aid websites throughout Florida.
Information for Elders : This page links to resources for Elders, including: Family Law Forms; Elder Abuse and Exploitation Hotline; and information on wills, trusts, and estates.
Lawyer Referral : Links to a the free referral resource through the Florida Bar.
Information for Veterans : Provides access to information resources for Veterans.
This is a free resource that provides information about laws, courts, legal forms, legal service programs in Florida, and clinics throughout the state.
Provides answers to legal questions for those who qualify; this site is sponsored by the American Bar Association.
This links to the Florida Bar's referral service; this service does not necessarily link to pro bono services, instead it provides access to attorney credentials to assist clients in finding attorneys.
This links to the Florida Bar's website which provides a listing of free legal resources in Florida.
A-M
Administer / Administered (an Estate) : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To supervise an estate until it has been fully distributed to the beneficiaries.
Alienate / Alienating / Alienation : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To transfer a property interest from one person or entity to another.
Ancillary Administration : Cornell Law ; Wolters Klewer Bouvier Law Dictionary ; Black's Law Dictionary
A probate proceeding conducted in a state other than where the Decedent resided at the time of his/her death.
Attorney's Fees : Cornell Law ; Ballentine's Law Dictionary ; Black's Law Dictionary
Money paid to an Attorney for legal services rendered.
Beneficiary : Fla. Stat. § 731.201 (2) : Online Sunshine ; LexisNexis ; Westlaw
Intestate Estate: Person who inherits by law (i.e., Heir-at-Law)
Testate Estate: Person who is named in a will.
Case Evaluation : American Bar Association ; Black's Law Dictionary
The process of determining whether or not a case has enough merit to make it worth litigating (or accepting).
Case Valuation : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
The process of determining the value of a case (i.e., conducting a cost-benefit analysis).
Caveat : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A statement/petition/person opposing the probate of a Will; Ballentine's has the closest probate definition.
Claim : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A demand for money or action made against a Decedent's estate in probate court.
Clear and Convincing : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Standard of proof to get a piece of evidence admitted to court; higher than Preponderance of the Evidence and lower than Beyond a Reasonable Doubt.
Codicil : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A Will supplement.
Commingle / Commingling (of funds) : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To combine into one place.
Contest (Contest a Will) : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To challenge a Will in court.
Contiguous : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Two things that touch; case by case definitions are determined by case law.
Court Rules / Rule of Court : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A procedural rule, set up by the court, that must be followed to successfully litigate a case.
Creditor : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Someone who is owed a debt.
Curator : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A person who has charge of an estate (a.k.a. a guardian).
Descend / Descent : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
How ownership of property transfers from the Decedent to the heir.
Decedent : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Person who died.
Descendant: : Fla. Stat. § 731.201 (9) : Online Sunshine ; LexisNexis ; Westlaw
Person who is a child, grandchild, etc. of a particular individual.
Descendant in Being : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A person who is alive at a specific moment (and a descendant of the Decedent); includes babies who have not yet been born, but were conceived fewer than 9 months before that specific moment.
Devisable : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Something that may be given away via a will.
Devise (verb) : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To give a gift to a person via a Will.
Devise (noun): Fla. Stat. § 731.201 (10) : Online Sunshine ; LexisNexis ; Westlaw
A gift given to a person via a Will.
Devisee : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A person who inherits via a will.
Dictum / Dicta : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Statements that are made by the court, but are not the holding.
Distinguish / Distinguished : Merriam-Webster Dictionary ; Cornell Law ; Black's Law Dictionary
To show that a case's facts or law is inapplicable in a particular circumstance.
Domicile : Merriam-Webster Dictionary ; Wolters Klewer Bouvier Law Dictionary ; Black's Law Dictionary
A place where a person physically lives and regards as his/her home.
Duress : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Forcing a person to do something against his/her will.
Elements : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Requirements of a Cause of Action or doctrine that must be met in order to win an argument in court.
Encumbrance : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A debt against a property (i.e., mortgage).
Equitable : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Dealing fairly and equally with all involved; sometimes, this requires taking exception to the rule of law.
Equitable Adoption : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Adoption that the law recognizes for purposes of Intestate Succession and other Causes of Action.
Equity, Court of : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A court having jurisdiction over justice, rather than law; old saying: you must come to a court of equity with "clean hands;" distinction between Courts of Equity and Courts of Law was abolished in the United States.
Escheat : Online Sunshine ; LexisNexis ; Westlaw
When an estate reverts to the state because there are no living heirs under an intestate statute.
Estate: Fla. Stat. § 731.201 (14) : Online Sunshine ; LexisNexis ; Westlaw
Property of a Decedent that is the subject of administration.
Estate by the Entirety : Cornell Law ; Ballentine's Law Dictionary ; Black's Law Dictionary
Property jointly held by a husband and wife that is based on Five Unities: time, title, interest, possession, and marriage.
Estate, Intestate : Article ; Ballentine's Law Dictionary ; Black's Law Dictionary (See: "intestate succession")
Estate that is distributed by intestacy statutes.
Estate, Testate : Article ; Ballentine's Law Dictionary ; Black's Law Dictionary (See: "testate succession")
Estate that is distributed by Will.
Execute / Execution (of a Will) : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To properly sign a Will or document; to follow the written instructions of a Will or document.
Executor : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A person appointed in a Will to carry out the Decedent's instructions and wishes.
Exempt / Exemption : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Not required to obey a particular rule / Permission to not obey a particular rule.
Fee Simple : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Owning a piece of property free and clear.
Fiduciary : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A person who has a responsibility to act in the best interests of another, and not themselves.
Follow / Followed : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To accept the ruling of another court in another case.
Fraud : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Deceit and/or Trickery
Good Faith : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Honesty in fact.
Heir (Heir-at-Law) : Fla. Stat. § 731.201 (20) : Online Sunshine ; LexisNexis ; Westlaw
people (includes surviving spouse) who inherit decedent's property under the intestate succession statutes.
Heirs, Ascendent : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Heirs of decedent who are not children, grand-children, great-grand-children, etc.of Decedent (i.e., parents, grand-parents).
Heirs, Collateral : Fla. Stat. § 731.201 (6) : Online Sunshine ; LexisNexis ; Westlaw
An heir who has a common ancestor with Decedent, but who is not an ancestor or descendant of decedent (i.e., sibling of Decedent)
Heirs, Lineal : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
An heir who is a direct descendent of the Decedent.
Holding : Merriam-Webster Dictionary ; Cornell Law ; Black's Law Dictionary
The ruling of the court in a specific case or on a point of law.
Insane Delusion : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A belief for which there is no evidence to establish any basis for that belief.
Instrument : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A formal, legal document, such as a Will or Contract.
Interest : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A right to a piece of property, including ownership and possession.
Intestate : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Adj.: Dying without a valid Will (intestacy)
Noun: Person who dies without a Will.
Irrebuttable : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Something (usually a Presumption) that you are not allowed to contradict, even with evidence.
Lease : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A contract that gives the leasee (i.e., the person who is leasing) explicit, temporary rights to use a particular piece of property.
Leasehold : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Property held by lease; a property interest in real estate.
Letters of Administration : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A document given to the Personal Representative by the court that allows that person to administer the Decedent's estate.
Levy / Levied : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Forcing someone to pay or do something as the law allows.
Liable / Liability : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Legally responsible for wrong done to another.
Lien : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A security interest created by a mortgage.
Life Estate : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A right to use a piece of property during a person's lifetime.
Lodestar Method : USLegal.com ; Wolters Kluwer Bouvier Law Dictionary ; Black's Law Dictionary
Method for determining Attorney's Fees by the court; takes into account uniqueness of situation and attorney expertise.
Lucid Moment : Merriam-Webster Dictionary ; Wolters Klewer Bouvier Law Dictionary ; Black's Law Dictionary
A time-frame when the person in question is able to meet the "sound mind" requirements.
Mark : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A way of signing a document without signing a name.
Minor : Fla. Stat. § 731.201 (25) : Online Sunshine ; LexisNexis ; Westlaw
a person, younger than 18, who has not been emancipated by marriage or court order.
Mistake : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To not understand what is going on.
Municipality : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
City, Village, or Town that is incorporated.
N-Z
Natural Person : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A human being, not a corporation.
Nonresident : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A person who does not live permanently in a specific State.
Overruled / Overruled in Part : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To rule against another party, entirely or partially; to reverse a decision by a lower court.
Pass : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
For a piece of property to transfer from the Decedent's estate to a beneficiary or an heir-at-law.
Each generation receives a proportional share of the estate; that share is then divided equally amongst its members.
Per Capita by Representation : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
The estate is divided into shares at the first generation with a living heir; the shares then descend per stirpes.
Per Stirpes : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Estate divided equally amongst a specified class; a deceased class member's heirs inherit and divide that member's share.
Personal Representative : Fla. Stat. § 731.201 (28) : Online Sunshine ; LexisNexis ; Westlaw
The person appointed by the court to administer the estate; this person has fiduciary duties.
Precedent : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A decision of law that is binding on other courts.
Preclude : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To determine that something is impossible; to keep something from being included.
Preemption / Preempting : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A right that supersedes the rights of someone or something else; most commonly associated with the buying and selling of land.
Preponderance of the Evidence : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Standard of proof to get a piece of evidence admitted to court; usually described as "more likely, than not" (i.e., 51% likely).
Presumption : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A legal assumption that something is or is not true; can be rebuttable or irrebuttable.
Pretermitted : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A person overlooked in a Will.
Pro Bono : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To provide legal services for free.
Probate : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Process of administering an estate through the court system.
Probate Asset / Non-Probate Asset : Merriam-Webster Dictionary ; Wolters Klewer Bouvier Law Dictionary ; Black's Law Dictionary
Assets that are and are not subject to probate; the first passes to the beneficiary through the probate court and the second passes as a matter of law (i.e., single-owner vs. joint-owner of a bank account).
Property, Exempt : Fla. Stat. § 731.201 (15) : Online Sunshine ; LexisNexis ; Westlaw
Property of a Decedent’s estate which is described in Fla. Stat. § 732.402.
Property, Personal : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Items that can be owned and moved (e.g., clothes, jewelry, and furniture).
Property, Real : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Land and things that are permanently attached to it.
Proponent (of a Will) : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
The person who argues in favor of something (i.e., the Proponent of a Will is the person who wants that Will recognized as legitimate by the court).
Protected Homestead : Fla. Stat. § 731.201 (33) : Online Sunshine ; LexisNexis ; Westlaw
“the property described in s. 4(a)(1), Art. X of the State Constitution on which at the death of the owner the exemption inures to the owner’s surviving spouse or heirs under s. 4(b), Art. X of the State Constitution. For purposes of this code, real property owned in tenancy by the entireties or in joint tenancy with rights of survivorship is not protected homestead.”
Question / Questioned : Merriam-Webster Dictionary
Where a court expresses concern about a specific case's holding or applicability.
Rebuttable / Rebut : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Something that can be contradicted with evidence.
Record, The : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A compilation of documents, including evidence and transcripts, that records what is happening in court.
Regulation : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A rule (lower than a statute) that is established by an Administrative Agency.
Remove / Removal : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To take away someone's permission to do a job.
Resident (of a State) : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A person who lives permanently in a specific State.
Residuary Clause : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A clause in a Will that gives everything that is left over to a specific person.
Revive / Revives / Revival : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To restore an old, revoked Will to legal status.
Revoke / Revocation : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To state officially that a prior Will is not to be given legal validity.
Ruling : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
On official decision.
Scope : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Within a specific realm of authority.
Self-Proving Affidavit : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A document that allows a Will to be entered into the record at court without having to call witnesses to prove that the Will was executed properly.
Seminal : Merriam-Webster Dictionary ; Barron's Law Dictionary
Cases that lay the foundation for a doctrine or area of law.
Sound Mind : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Testator has the ability to generally understand (1) the nature and extent of property to be given away, (2) Testator's relation to those who would "normally" inherit, and (3) the practical effect of the Will as executed (i.e., what the Will is going to do).
Standard of Proof : Merriam-Webster Dictionary ; Wolters Klewer Bouvier Law Dictionary ; Black's Law Dictionary
Level of certainty and amount of evidence required to establish proof in a court of law.
Statute : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A law passed by a legislature.
Substantive Law : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Law that creates, defines, and regulates rights, duties, and party power.
Supersede : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To replace prior law.
Tenants by the Entirety :
See "Estate by the Entirety."
Tenants, Joint with Rights of Survivorship (JTWROS) : Article ; Ballentine's Law Dictionary ; Black's Law Dictionary
Two or more people own property and receive all rights to the property upon the death of the other owners by operation of law, not probate; requires the Four Unities: time, title, interest, and possession.
Testamentary Capacity : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Having the legal mental ability to make a Will.
Testamentary Scheme : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
How a Testator has provided for the distribution of his/her property upon his/her death.
Testator / Testatrix : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
A person who dies with a valid Will.
Trust : Fla. Stat. § 731.201 (38) : Online Sunshine ; LexisNexis ; Westlaw
"A property interest held by one person for the benefit of another." Merriam Webster Dictionary
Trustee : Fla. Stat. § 731.201 (39) : Online Sunshine ; LexisNexis ; Westlaw
Person who holds a property interest for the benefit of another.
Undue Influence : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Using influence to force people to do things that they would not do by themselves.
Unintentional / Unintentionally : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Something that is not done on purpose.
Vested Remainder : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
An interest in property that is given to a person when another person dies.
Waive / Waiver : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
To knowingly choose to give up a right.
Will : Fla. Stat. § 731.201 (40) : Online Sunshine ; LexisNexis ; Westlaw
Instrument (including a Codicil) that is properly executed for the purpose of distributing a person's property after his/her death.
Writing : Merriam-Webster Dictionary ; Ballentine's Law Dictionary ; Black's Law Dictionary
Anything that is written; See "Instrument."
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