Commentary

Aug 3, 2026 · 5-min read

Lady Bird deed (enhanced life estate deed) or revocable trust for a Florida homestead: probate, Save Our Homes, creditor protection, devise limits and Medicaid estate recovery under Florida statutes

Both a life estate deed that reserves the owner's powers and a funded revocable trust can move a Florida home outside probate. The statutes that decide the homestead questions are Art. X, § 4, Fla. Const., and §§ 732.4015, 193.155, 196.031 and 409.9101, Fla. Stat.

Aug 3, 2026 · 5-min read

Florida personal representative personal liability: fiduciary duty under § 733.602 and § 733.609, creditor claims under §§ 733.702, 733.705 and 733.710, individual liability under § 733.619, resignation, and discharge under § 733.901

A Florida personal representative is a fiduciary held to the standards of a trustee and is liable to interested persons for damage or loss from a breach of duty. This post lists the statutes and probate rule that set those duties, the claim deadlines, and how discharge ends the role.