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Florida Homestead Law Made Easy – Well, At Least Easier



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Recording and Slides are Available Here


From law students to seasoned professionals, those who have crossed paths with Florida homestead law are aware of its complexity, challenges, and malpractice traps. In this seminar, Charles (Chuck) Rubin, author of Rubin on Florida Homestead, will provide advice, counsel, and practice aids to make your dealings with homestead easier and less fraught with peril. Subjects to be covered and/or practice aids to be included and explained include:

•  A comprehensive checklist on when property qualifies as homestead (for limitations on transfers and devises, for creditor protection, and for ad valorem tax purposes)

• Two diagrams (one in table format, and one in flowchart format) that provide simple analysis of when transfer restrictions apply, and what they are

•  A review of the transfer restrictions, and how to plan around them

•  General approaches for addressing homestead in estate planning documents based on the basic family fact pattern

•  The new(ish) spousal tenants-in-common election - why it was enacted and when it makes sense for a surviving spouse to elect

•  Reasons why homestead property should not usually be placed in a revocable trust

•  A comprehensive checklist on the state and federal exceptions to homestead creditor protection

•  Recent developments (elective share changes & waiver of homestead by deed legislation)

•  Explanation of, and consequences of “protected homestead” status

•  Overlap of tenants by the entireties and homestead protections

•  Some things about the “Save our Homes” cap on ad valorem taxation that are often misunderstood or missed

Misc. practice tips and information


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Charles (Chuck) Rubin crubin@floridatax.com

Education

  • University of Chicago (1976-77)
  • Northwestern University (Bachelor of Arts - 1980)
  • University of Florida (Juris Doctor - with Honors - 1983)
  • University of Florida (Master of Laws in Taxation - 1984)

Admitted

  • State of Florida
  • United States Tax Court

General Areas of Practice

  • Tax (U.S. & International)
  • Estate Planning (U.S. & International), Probate, and Prejudgment Asset Protection
  • Corporate & General Business Law
  • Charitable Planning & Exempt Organizations

Professional Achievements

  • Florida Bar Board Certified in Taxation
  • Fellow, American College of Trust and Estates Counsel (ACTEC)
  • Named 2015, 2017, and 2019 "Lawyer of the Year" by Best Lawyers in Taxation (S. Florida metropolitan area)
  •  'AV' legal ability and general recommendation ratings by Martindale-Hubbell (highest possible rating)
  • Included in Best Lawyers in America Guide under Taxation
  • FinanceMonthly Global Awards - USA Estate Planning Lawyer of the Year
  • Included in Super Lawyers Guide under Estate Planning & Probate
  • South Florida Legal Guide - Ranked in the List of Top Lawyers in South Florida (Business, Tax, & Estate Planning)
  • Included in Florida Trend Magazine's Legal Elite listing
  • Former Adjunct Professor, University of Miami School of Law Graduate Tax Program and Graduate Estate Planning Program
  • Subject of Biographical Record in Who's Who in American Law and Chambers USA
  • Former Vice-Chairman, Florida Bar Foreign Tax Committee
  • Included in Chambers HNW Guide (The World's Leading High Net Worth Advisors)
  • Included in Boca Raton's Expert Attorneys Guide (Published by the Boca Raton Observer)

Professional Organizations

  • The Florida Bar, Tax Section
  • The Florida Bar, International Tax Committee
  • The Florida Bar, Real Property, Probate & Trust Law Section
  • The Florida Bar, RPPTL Probate & Trust Litigation Committee
  • The Florida Bar, RPPTL Trust & Estate Tax Committee
  • The Florida Bar, RPPTL Trust Law Committee
  • The Florida Bar, RPPTL Lost Wills Subcommittee (Chairman)
  • Boca Raton Tax Institute
  • Greater Boca Raton Estate Planning Council
  • Boca Raton International Tax Group
  • FAU, United Way, & PBC Community Foundation Wealth Estate Planning Seminar Steering Committee (Founding Member & 2016 Chairman))
  • UF Advisors Network (Founding Member)
  • Professional Advisors Council, Broward Community Foundation

Books & Publications (Not Exhaustive)

  • Rubin on Florida Homestead, a book/treatise on all things homestead (2018) by Florida Tax Publications
  • Rubin on Tax, a tax blog on developments relating to Federal and Florida tax, estate planning, probate, and business law (www.rubinontax.blogspot.com), 2005 - current
  • The FIRPTA Manual, A Guide to the Foreign Invest ment and Real Property Tax Act, Maxwell MacMillan (1991)
  • Florida Sales and Use Taxes on Boats - Compliance and Planning Manual, Florida Tax Publications (1995)
  • Bureau of National Affairs Income Tax Portfolio No. 912 on Foreign Investment in U.S. Real Property Co-author, Bureau of National Affairs Income Tax Portfolio No. 89 on Private Foundation Self-Dealing Rules Co-Author, Estate Freezing, in Estate and Personal Financial Planning," Callaghan & Company, 1988
  • CFC-FPHC Coordination - A Better Way, 36 University of Florida Law Review, No. 5, p. 1103, 1984
  • Backup Withholding on Payments of Interest by Banks and Savings and Loan Association to Nonresident Alien Individuals, 2 Journal of Bank Taxation, 1989
  • Structuring Foreign Investments in U.S. Real Property, Tax Ideas (1991) by Macmillan, Inc.
  • Proposed QDOT Regulations Provide No Relief On 2040 (b) Joint Property Circularity Problem, 18 Tax Management Estates, Gifts and Trusts Journal 127, July, 1993
  • The Lack of Marketability Discount in the 100 Percent Ownership Situation, Tax Notes, November, 1993
  • New Audit Guidelines in the IRS Manual Target FIRPTA Transactions, Journal of Taxation, March 1994
  • IRS To Ease Loss Carryover Restrictions, Practical U.S./Domestic Tax Strategies, Vol. 8, Number 11, November 2008
  • Tax Results of Settling Trust Litigation Involving QTIP Trusts, Estate Planning Journal (WG&L), January 2009
  • Expansion of Conduit Rules: Proposed Regulations Target Use of Disregarded Entities in Financing Arrangements, Practical U.S./International Tax Strategies, Vol 12, Number 20, January 2009
  • IRS Expatration Guidance is Helpful, but Also Overreaches, Tax Management International Journal, Vol. 39, No. 1, January 8, 2010 & The Florida Bar Tax Section Bulletin, Vo. XXVI, No. 7
  • IRS Provides More Guidance on Unreported Offshore Income, Practical U.S./International Tax Strategies, Vol 13, Number 7, April 15, 2009
  • Speaker, University of Miami Heckerling Institute on Estate Planning, January 2010
  • Regulations Shift Burden of Uncertain and Contested 2053 Claims and Expenses to Taxpayers, Journal of Taxation (WG&L), March 2010
  • Speaker, 29th Annual International Tax Conference, January 2011
  • FBAR Reporting Rules for Trusts, Estate Planning (WG&L), July 2011
  • Roundup of Recent Estate Planning Developments, Estate Planning, September 2015 (Vol. 42, Number 9)
  • Recent Tax Tidbits from the IRS and Congress, Estate Planning, March 2016 (Vol. 43, Number 3)
  • Regular Author/Contributor, Leimberg Information Services newsletters
  • Author of other articles on various tax subjects


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