Homestead Protection

Jon Alper Homestead Exemption

In Florida, our home is truly our castle, a castle that is impenetrable by creditors. The Florida Constitution exempts homestead property from levy and execution by judgment creditors. Florida courts have liberally expanded definitions of homestead property which includes more than just a single family house. Condominiums, manufactured homes, and mobile homes are also afforded homestead protection. The Constitution defines …

Pay on Death Accounts

Jon Alper Florida Exemptions

Received an interesting question from a litigation attorney today about fraudulent transfers and conversions. His client had a parent in the hospital with a short life expectancy.  The parent owns a 50% interest in a homestead property in Florida, and he has a $100,000 in a bank account designated pay on death to child. Question posed was whether parent should …

Tenants by Entireties

Jon Alper Tenants By Entireties

In March, 2001, the Florida Supreme Court decided the case of Beal Bank v. Almand where the Court adopted the presumption of tenants by entireties ownership for bank accounts owned jointly by husband and wife.

Liability for Fraudulent Transfer

Jon Alper Fraudulent Transfers

Some creditors have tried to sue debtor’s attorneys and financial advisors for assisting the debtor in making fraudulent transfers. Creditors have tried to sue the debtors’ third party advisers for conspiracy to make fraudulent transfers or for aiding and abetting a fraudulent transfer.