This CLE presentation will delve into the various legal and planning considerations that are important to anyone who has moved to, or is contemplating moving to Florida, or owns a second home in Florida. The presentation will cover a wide range of topics, such as the criteria for appointing a personal representative of a Floridian’s estate, the homestead protection available in Florida, and how to take advantage of it.

Additionally, the presentation will discuss the language that can be added to a revocable trust to preserve homestead benefits, the rules governing tenants by the entirety in Florida and the benefits they offer, as well as the FL rules on spousal elective share. The presentation will also touch upon the requirement for FL trusts to provide qualified beneficiaries with notice and what this means for trust planning. Further, the presentation will provide insights on how to deflect a will challenge since in terrorem clauses are unenforceable under FL law.

The presentation will also cover the topic of exception creditors and how a special trust known as the exception creditor trust can help. Lastly, the presentation will discuss Spousal Lifetime Access Trusts (SLATs) and the planning opportunities they present, as well as the FL laws that affect them.