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Article: Florida homestead: a difficult post-mortem estate tax planning property.
- Article from:
- Florida Bar Journal
- Article date:
- January 1, 2002
- Author:
CopyrightCOPYRIGHT 2002 Florida Bar. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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As many estate planners have found, Florida homestead property can be a difficult asset to use in post-mortem planning. This is particularly true in situations where the surviving spouse, who owns a life estate in the homestead, is not the parent of the decedent's children, who own the remainder interest in the homestead. Decisions involving the improvement or sale of the homestead often involve conflicting interests among the life tenant and the remaindermen. As difficult as these conflicts may be, federal estate and gift tax laws present an even more thorny dilemma with respect to homestead property when a sale of the homestead is contemplated by the surviving spouse and ...