Florida continues to be a magnet for retirees and investors, many of whom bring with them property acquired in community property states. A recent legislative update, H.B. 923, has made significant changes to Florida's Uniform Disposition of Community Property Rights at Death Act, bringing important protections for surviving spouses and clarifying several key aspects of how community property is handled after death.
Most notably, the new legislation protects surviving spouses from inadvertently forfeiting their community property rights through Florida's creditor claims procedures. This change directly addresses the concerns raised by the Johnson v. Townsend case, where a surviving spouse lost her ownership rights in Texas-acquired community property by failing to file a timely creditor claim. The bill also introduces clearer guidelines for personal representatives, new procedures for property disputes, and specific protections for third-party transferors, making it easier for practitioners to navigate these complex situations.
If you've moved to Florida from states like California or Texas, these changes could affect your estate planning. H.B. 923 brings important protections for surviving spouses and makes it easier to preserve the tax benefits of community property.
Check out this article and full analysis to learn how these changes might impact you and your family.