Executor Briefing — Showcase-v11 FL Miami Beach
Estate ID: b025ed4c-f6c5-4254-94bb-4953f2f314db | April 9, 2026
1500 Ocean Drive, Miami Beach, FL 33139 | Miami-Dade County | FIPS: 12086
Section 1 — Estate Summary
| Field | Detail |
|---|
| Decedent / Owners | Steven A. Topfer (age 64, Critical Care Medicine physician) & Geri Topfer |
| Property | 1500 Ocean Drive Condo — Michael Graves-designed luxury high-rise, South Beach, Miami Beach, FL 33139 |
| Unit | Likely Unit 1106 — UNCONFIRMED (Unit 704 appears in secondary records; must be resolved before any further work) |
| APN on File | 02-3234-118-0001 (master building parcel — unit-level folio required; Unit 1106 folio likely 02-3234-118-0620) |
| Jurisdiction | Florida — Miami-Dade County Circuit Court (Probate Division); governed by Fla. Stat. Ch. 733, Ch. 736, Ch. 718, Fla. Const. Art. X |
| Archetype | Luxury Condominium / High-Net-Worth Married Couple — Probate Avoidance Gap |
| Purchase Price (2022) | $1,800,000 |
| Estimated Market Value | ~$2,400,000–$2,464,000 (ATTOM AVM / comparable sales; MLS Unit 905 active at $2,100,000) |
| Assessed Value | $1,064,407 (2019 — likely capped below market via Florida Save Our Homes) |
| Property Taxes | ~$21,495–$28,000/year |
| HOA / Condo Assessment | $2,694/month ($32,328/year) — 1500 Ocean Drive Condominium Association, Inc. (ACTIVE, FL Non-Profit No. N98000004179) |
| Size | 1,530 sq ft |
| Year Built | 1998 |
| Florida State Estate Tax | None (repealed effective 2005; Fla. Const. Art. VII) |
| Federal Estate Tax | Likely not applicable — below $15M/person threshold (OBBBA, eff. Jan. 1, 2026) |
| Probate Track if No Planning | Formal Administration, Fla. Stat. Ch. 733 — estimated cost $120,000–$160,000; timeline 6–18+ months |
| Data Sources | Exa (BlockShopper, Veripages, MLS); ATTOM public directory; Miami-Dade public records; Florida SOS/Sunbiz; RAG (florida-estate-planning.md, April 3, 2026); WillGuardian, DebtSentinel, TitleCleaner agent findings |
⚠️ Foundational Data Warning: ATTOM and BatchData returned zero results for master parcel APN 02-3234-118-0001. All downstream analysis — lien searches, title review, solvency modeling, tax records — is blocked until the specific unit folio is confirmed at the Miami-Dade Property Appraiser portal (apps.miamidadepa.gov). The unit number discrepancy (Unit 1106 vs. Unit 704) must be resolved first. No distribution or title transfer should proceed until both issues are cleared.
Section 2 — Risk Assessment
Estate-Readiness Score: 3 / 10 🔴
| Risk Domain | Score | Rationale |
|---|
| Probate Avoidance | 1/10 | No confirmed RLT, no recorded Lady Bird deed, no TOD mechanism. A ~$2.4M asset faces full Formal Administration — $120K–$160K in statutory fees (Fla. Stat. § 733.6171) and 6–18+ months of delay unless TBE vesting is confirmed |
| Title Integrity | 2/10 | Master-parcel APN blocks all title work. Unit number conflict (1106 vs. 704) is unresolved. Deed vesting form unconfirmed. Six of eleven title threat categories are open flags |
| Creditor Exposure | 4/10 | Mortgage balance unknown — largest solvency variable on a 2022 $1.8M purchase. HOA arrears unknown. $32,328/year HOA creates accruing statutory super-lien (Fla. Stat. § 718.116). AHCA/MERP status unverified |
| Document Compliance | 3/10 | No will reviewed or confirmed. No RLT confirmed. No Durable POA confirmed. No RUFADAA authorization confirmed |
| Homestead Status | 3/10 | Primary vs. investment status unresolved — determines unlimited creditor protection (Fla. Const. Art. X, § 4(a)), constitutional devise restrictions (Art. X, § 4(c)), and MERP shielding |
| Family Structure | 2/10 | No intestate succession analysis performed; prior marriages, minor children, or children from prior relationships unknown — could reduce surviving spouse share to 50% under Fla. Stat. § 732.102 |
Overall Justification: The estate earns a 3/10 because the primary asset is identified, the couple is married (TBE survivorship plausible at first death), and no active foreclosure or lis pendens was found. However, the combination of an unconfirmed master-parcel APN, unknown mortgage, no probate-avoidance instruments, unconfirmed homestead status, and absent estate planning documents creates a web of interlocking, unsolvable risks. A single adverse finding in any one area could cascade into seven-figure losses.
Section 3 — Property Dossier
Property 1: 1500 Ocean Drive, Unit 1106 (likely) — Miami Beach, FL 33139
| Field | Detail | Source |
|---|
| Building | 1500 Ocean Drive Condo — Michael Graves, architect; 16–17 stories; 112–114 units; built 1998 | TitleCleaner / Exa |
| Unit | Unit 1106 (BlockShopper, Miami-Dade public records) — CONFLICT: Unit 704 appears on Veripages | WillGuardian / Correlation |
| Master APN | 02-3234-118-0001 (building parcel only — non-functional for unit-level work) | All agents |
| Probable Unit Folio | 02-3234-118-0620 (unconfirmed — derived from BlockShopper URL pattern) | WillGuardian |
| Purchase Price | $1,800,000 (2022) | Miami-Dade public records |
| Estimated Market Value | ~$2,400,000–$2,464,000 | ATTOM AVM / MLS / Exa |
| ATTOM AVM Range (building) | $654,500–$3,164,250 (2025) | ATTOM public directory |
| Assessed Value | $1,064,407 (2019) — Save Our Homes cap likely applies | Miami-Dade Property Appraiser |
| Property Taxes | ~$21,495–$28,000/year | DebtSentinel / Miami-Dade |
| Property Type | High-rise luxury oceanfront condominium; fee simple unit + undivided % interest in common elements | TitleCleaner |
| Condo Declaration | OR Book 18368, Page 1130; amendment at OR 18534-3467 — Miami-Dade Official Records | TitleCleaner |
Title Status
| Category | Status | Details |
|---|
| Vesting Form | 🚩 UNCONFIRMED | Steven and Geri Topfer named as owners; likely Tenancy by the Entirety (TBE) if married and deed uses standard language, but deed not reviewed. TBE eliminates probate at first death and blocks single-spouse creditors (Fla. Stat. §§ 689.115, 222.01). TIC would subject 50% to probate |
| Deed Execution | 🚩 UNVERIFIABLE | Cannot assess compliance with Fla. Stat. § 689.01 (2 witnesses + notary) without pulling the recorded instrument from Miami-Dade Official Records |
| Chain of Title | 🚩 BLOCKED | Master-parcel APN prevents unit-level chain-of-title reconstruction |
| Lady Bird / Life Estate Deed | 🚩 NOT CONFIRMED | No recorded Enhanced Life Estate Deed found. Must search Miami-Dade Official Records under grantor name and unit folio. An undetected prior Lady Bird deed could mean probate is being initiated on property that already passed outside the estate |
| LLC History | 🚩 MUST VERIFY | If the Topfer unit was ever held in an LLC, Florida homestead protection would be permanently lost. Multiple LLCs hold units in this building; Topfer unit history is unverified |
| Homestead | 🚩 UNCONFIRMED | Primary FL residence vs. investment/vacation property unknown. Determines: unlimited creditor protection (Fla. Const. Art. X, § 4(a)); devise restrictions if survived by spouse/minor child (Art. X, § 4(c)); MERP shielding; $25K+$25K property tax exemption (Fla. Stat. § 196.031) |
Liens & Encumbrances
| Creditor / Lien | Status | Amount | Priority |
|---|
| First Mortgage | 🔴 UNKNOWN | Unknown — 2022 $1.8M purchase suggests mortgage probable | Superior to all; satisfied from collateral first |
| Property Taxes | 🟡 UNVERIFIED | ~$21,495–$28,000/year | Statutory priority; superior to mortgage (Fla. Stat. § 197.122) |
| HOA Condo Assessment Lien | 🟡 UNKNOWN ARREARS | $2,694/month (~$32,328/year) — up to 12 months super-priority over first mortgage | Fla. Stat. § 718.116 statutory super-lien |
| IRS / Federal Tax Lien | 🟡 UNKNOWN | Not confirmed — requires Miami-Dade Official Records search | Class 3 in creditor priority; attaches to all property |
| PACE Assessment Lien | 🟡 POSSIBLE | Miami-Dade has highest PACE concentration in Florida — runs with the land | Property tax bill line item; survives transfer |
| Association UCC Filings | 🟡 UNREVIEWED | File #200808908497 (2008) and #201309790335 (2013) — content unknown; may be fixture/PACE filings | Title examiner must pull images |
| Judgment Liens | 🟡 UNKNOWN | No judgments confirmed — full name search in Miami-Dade Circuit Court records required | Class 8 unsecured (or secured if recorded) |
| Lis Pendens | ✅ NONE FOUND | No active lis pendens identified | N/A |
| Foreclosure | ✅ NONE FOUND | No foreclosure action identified | N/A |
HOA Profile
| Field | Detail |
|---|
| Association | 1500 Ocean Drive Condominium Association, Inc. |
| Florida SOS | Doc. No. N98000004179 — ✅ ACTIVE (annual reports through Jan 2026) |
| Registered Agent | Haber Law, LLP — 251 NW 23 Street, Miami, FL 33127 |
| President | Robert Karsunky |
| Management Phone | 305-534-0165 |
| Management Email | manager@1500oceandrive.com |
| Monthly Assessment | ~$2,694/month |
| Critical Warning | Under Fla. Stat. § 718.116(1)(a), the estate PR and any heir/transferee are jointly and severally liable with no dollar cap for all unpaid assessments unless an estoppel letter has been obtained before transfer. An estoppel letter (Fla. Stat. § 718.116(8)) legally caps transferee liability at the stated amount |
Solvency Projection
| Scenario | Assessment |
|---|
| No / small mortgage | ✅ Likely SOLVENT — $2.4M value exceeds all known operating liabilities |
| Large mortgage (>$1.5M) | ⚠️ Marginally solvent — equity may be thin after secured claims + $120K–$160K administration costs (Fla. Stat. § 733.6171) |
| Homestead + no mortgage | ✅✅ Strongly solvent — general creditors (Class 8) largely blocked by Fla. Const. Art. X, § 4(a) |
| Preliminary Verdict | LIKELY SOLVENT — pending mortgage verification, the single most dispositive unknown |
Section 4 — Creditor Payment Sequence
Governing statute: Fla. Stat. § 733.707. Secured creditors (mortgage, tax liens) are satisfied from their collateral before this waterfall applies to remaining estate assets.
Florida Statutory Creditor Priority — Payment Waterfall
| Priority | Class | Category | Identified Creditors / Notes |
|---|
| PRE-WATERFALL | Secured | Mortgage lien(s) — satisfied from collateral | UNKNOWN balance — order title search immediately |
| PRE-WATERFALL | Secured | Property tax lien (superior statutory lien) | ~$21,495–$28,000/year — verify current status with Miami-Dade Tax Collector |
| 1st | Class 1 | Costs of administration; PR compensation; attorney fees | Estimated $120,000–$160,000 under Fla. Stat. § 733.6171 statutory scale (3% attorney + 3% PR on $2.4M) |
| 2nd | Class 2 | Funeral, interment, and grave marker expenses (≤ $6,000 aggregate) | Funeral home — identity unknown |
| 3rd | Class 3 | Federal tax preferences + Medicaid (AHCA/MERP — Fla. Stat. § 409.9101) + state court costs | IRS liens (unconfirmed); AHCA Medicaid claim (see MERP box below) |
| 4th | Class 4 | Medical/hospital expenses — final illness only (last 60 days) | Hospitals, treating physicians, home health agencies — excess over 60-day window falls to Class 8 |
| 5th | Class 5 | Family allowance ($18,000) | Fla. Stat. § 732.403 — paid to surviving spouse or minor/dependent children; exempt from most creditors |
| 6th | Class 6 | Court-ordered child support arrearage | N/A unless confirmed court order exists |
| 7th | Class 7 | Business continuation debts (Fla. Stat. § 733.612(22)) | Not applicable absent confirmed estate business |
| 8th | Class 8 | All other claims — general unsecured | Credit cards, personal loans, judgment liens, HOA assessments in excess of super-lien window |
🏥 Mandatory: Florida Medicaid Estate Recovery Program (MERP) — Class 3 Priority
Every Florida estate where the decedent was age 55 or older requires MERP investigation and mandatory PR notice within 90 days of first publication.
| Field | Detail |
|---|
| Program Name | Florida Medicaid Estate Recovery Program |
| Agency | Agency for Health Care Administration (AHCA) |
| Contractor | HMS / Gainwell Technologies |
| 📞 Phone | 1-877-357-3268 |
| 📬 Mailing Address | Florida Medicaid Estate Recovery Program, P.O. Box 12188, Tallahassee, FL 32317 |
| 🌐 Website | https://www.flmedicaidtplrecovery.com |
| Governing Statute | Fla. Stat. § 409.9101 |
| Priority Class | Class 3 — expressly named in Fla. Stat. § 733.707(1)(c) alongside federal tax preferences |
| Recovery Scope | Probate estate only — Florida is a narrow-recovery state. Non-probate assets (TBE joint tenancy, POD/TOD accounts, funded revocable trusts) are shielded from MERP |
| ⏰ Notice Deadline | 90 days from FIRST PUBLICATION of Notice to Creditors — PR has a mandatory obligation to serve AHCA within this window (Fla. Stat. §§ 409.9101, 733.2121) |
| Hardship Waiver | ✅ Available upon application |
| Recovery Trigger | Decedent age 55+ who received Medicaid services after August 31, 1993 (nursing home, HCBS waivers, related hospital/prescription costs) |
| Protection from Recovery | Barred while surviving spouse, child under age 21, or blind/disabled child is alive. Florida homestead passing outside probate via Art. X is generally not recoverable |
| Planning Note | A properly funded RLT, TBE vesting, or POD designations shield assets from MERP entirely — the probate-only recovery scope is Florida's strongest incentive for trust funding |
Claims Bar Deadlines
| Deadline | Rule | Statute |
|---|
| 3 months from first publication | General creditor claims bar | Fla. Stat. § 733.702(1) |
| 30 days from direct service | Known creditors served directly (whichever is LATER vs. publication) | Fla. Stat. § 733.702(1) |
| 90 days from first publication | AHCA/MERP notice — mandatory | Fla. Stat. §§ 409.9101, 733.2121 |
| 2-year absolute bar | Hard cutoff — no claim valid 2+ years after death; no exceptions except federal tax | Fla. Stat. § 733.710 |
| 6 months after notice of administration | Elective share election deadline | Fla. Stat. § 732.2135 |
| 9 months from date of death | Federal estate tax return due (Form 706) if applicable | IRC § 6075 |
Section 5 — Document Deficiencies
5A — Will Execution Issues
| Issue | Florida Requirement | Status | Risk |
|---|
| Will Existence | Not required but essential for testate distribution | NOT CONFIRMED — no will provided for review | Without a valid will, Fla. Stat. § 732.102 intestate rules govern distribution — surviving spouse may receive only 50% if either spouse has children from a prior relationship |
| Two-Witness Mutual Presence | Both witnesses must sign in the testator's presence and in each other's presence simultaneously — Fla. Stat. § 732.502 | NOT VERIFIED — no will document reviewed | A will failing this requirement is void and unenforceable in Florida |
| Holographic Wills | Not valid in Florida — Fla. Stat. § 732.502 | Unknown — handwritten documents must be screened | A handwritten will executed without two witnesses in mutual presence is void |
| Self-Proving Affidavit | Permitted under Fla. Stat. § 732.503; eliminates witness testimony at probate | Not confirmed | Without it, witnesses must be located at time of probate |
| Remote Online Notarization (RON) | Permissible in Florida since 2019 | Unknown if used | RON-executed wills must meet electronic authentication standards |
| No-Contest Clauses | Unenforceable in Florida — Fla. Stat. § 732.517 | If present in any will, clause is void | Contest risk unmitigated — no punitive deterrence available |
| Interested Witnesses | A devise to a witness is void if witness is necessary to establish the will's validity — Fla. Stat. § 732.504 | Unknown | Best practice: two disinterested witnesses |
5B — Trust Funding Gaps
| Issue | Florida Requirement | Status | Risk |
|---|
| Revocable Living Trust (RLT) | Must be in writing; trustee must accept; governed by Fla. Stat. Ch. 736 (Florida Trust Code) | NOT CONFIRMED — no RLT identified | Without an RLT, the $2.4M condo is a probate asset |
| Deed Retitling into Trust | An RLT has no probate-avoidance effect unless the property deed is actually retitled in the trust's name and recorded in Miami-Dade Official Records — Fla. Stat. Ch. 736 | NOT CONFIRMED | A trust that exists on paper but holds no property in its name provides zero protection — the property still passes through probate |
| Lady Bird Deed (Enhanced Life Estate) | Recognized under Florida common law (Florida Bar Title Standards); transfers title automatically at death to named remainderman, bypassing probate; must be recorded; no statutory form | NOT CONFIRMED — no recorded Lady Bird deed found | An unrecorded or absent Lady Bird deed means no probate bypass |
| TOD Deed | NOT available for Florida real estate — Florida has not adopted the Uniform Real Property Transfer on Death Act | N/A | Cannot use TOD deed for this property |
| Estimated Probate Cost if No Planning | Fla. Stat. § 733.6171 statutory fee scale (default) — 3% attorney + 3% PR on $2.4M value | ~$120,000–$160,000+ + 6–18 months | Avoidable with RLT + deed retitling or a Lady Bird deed |
| TBE as Partial Mitigation | Tenancy by the Entirety vesting eliminates probate at first death only and provides strong single-spouse creditor protection — Fla. Stat. §§ 689.115, 222.01 | NOT CONFIRMED — deed not reviewed | If TBE is confirmed, it protects at first death; planning still needed for second death |
5C — Other Document Gaps
| Document | Florida Requirement | Status |
|---|
| Durable Power of Attorney | Two witnesses + notary + express durability language — Fla. Stat. §§ 709.2104–709.2105; specific powers must be expressly enumerated; void if formalities not met | NOT CONFIRMED — not reviewed; incapacity would trigger Fla. Stat. Ch. 744 guardianship proceedings ($20K–$50K+, public, slow) |
| RUFADAA Authorization | Express authorization required for fiduciary to access communications content (email, social media, EMR portals) — Fla. Stat. Ch. 740 (effective July 1, 2016) | NOT CONFIRMED — absent from all documents reviewed; significant exposure for a physician owner |
| Health Care Surrogate | Fla. Stat. Ch. 765 — designation must be in writing; 2 witnesses | Not reviewed |
| Living Will / Advance Directive | Fla. Stat. § 765.302 | Not reviewed |
Section 6 — 30-Action Checklist
(Prioritized by urgency: Immediate = Days 1–7 | 30-Day = Days 8–30 | 90-Day = Days 31–90)
IMMEDIATE — Days 1–7
- Access Miami-Dade Property Appraiser portal (
apps.miamidadepa.gov) and pull records for both Unit 704 and Unit 1106 under the Topfer name to resolve the unit number conflict before any other work proceeds.
- Confirm the specific unit folio number for the Topfer unit — this unblocks every downstream action (lien search, deed review, tax records, solvency modeling).
- Pull the recorded deed instrument from Miami-Dade Official Records (
miamidadeclerk.gov) by confirmed unit folio — verify grantor/grantee names, vesting language (TBE vs. TIC vs. other), deed execution compliance (2 witnesses + notary per Fla. Stat. § 689.01), and any life estate or Lady Bird deed language.
- Order a full title search from a licensed Florida title company on the confirmed unit folio — covering mortgages, judgment liens, IRS federal tax liens (Form 668-Y), lis pendens, code enforcement liens, and PACE assessments.
- Request a Condo Association Estoppel Letter from 1500 Ocean Drive Condominium Association, Inc. (305-534-0165 / manager@1500oceandrive.com) — required under Fla. Stat. § 718.116(8) to cap transferee liability for unpaid assessments.
- Identify the mortgage lender (if any) from recorded title documents; notify lender of death immediately; confirm loan terms, outstanding balance, and any due-on-death provisions; maintain current payments during administration.
- Verify property tax status with Miami-Dade Tax Collector — confirm whether taxes are current or delinquent for the specific unit folio.
30-DAY — Days 8–30
- Confirm homestead status by reviewing the Miami-Dade Property Appraiser records for a filed homestead exemption — determine whether the unit is the decedent's primary Florida domicile or an investment/vacation property (Fla. Const. Art. X, § 4).
- If homestead status is confirmed, analyze constitutional devise restrictions — if decedent was survived by a spouse or minor child, the homestead cannot be freely devised (Fla. Const. Art. X, § 4(c); Fla. Stat. § 732.401).
- Serve AHCA/MERP notice within 90 days of first creditor publication — call 1-877-357-3268 or mail Florida Medicaid Estate Recovery Program, P.O. Box 12188, Tallahassee, FL 32317 (Fla. Stat. §§ 409.9101, 733.2121).
- Publish Notice to Creditors in a Miami-Dade newspaper of general circulation — two consecutive weeks; start the 3-month creditor claims clock (Fla. Stat. § 733.702).
- Serve written direct notice on all known creditors immediately after publication to initiate the 30-day direct-service clock (Fla. Stat. § 733.702(1)).
- Search Miami-Dade Official Records and the IRS lien registry for federal tax liens, state judgment liens, and any recorded encumbrances under the Topfer names.
- Search Miami-Dade Official Records for any recorded Enhanced Life Estate Deed ("Lady Bird Deed") or life estate instrument under the Topfer names and the unit folio — an undetected instrument could mean the property already passed outside the probate estate.
- Review UCC filings #200808908497 (2008) and #201309790335 (2013) by the Condominium Association — pull images to determine whether these are fixture filings, PACE-related, or security interests.
- Search the Miami-Dade property tax bill for the confirmed unit folio for any PACE assessment line items — PACE liens run with the land and survive transfer to the estate.
- Obtain the complete family structure: prior marriages for Steven or Geri Topfer, minor children, adult children from prior relationships — needed to determine intestate distribution (Fla. Stat. § 732.102) and homestead devise restrictions (Fla. Const. Art. X, § 4(c)).
- Analyze intestate distribution under Fla. Stat. § 732.102 — if either spouse has children not of the other spouse, surviving spouse receives only 50%; confirm whether this conflicts with any TBE survivorship assumption.
- Confirm whether a valid executed will exists for Steven Topfer and Geri Topfer; if so, obtain original documents and verify two-witness mutual presence compliance (Fla. Stat. § 732.502) and self-proving affidavit (Fla. Stat. § 732.503).
- Confirm whether a valid Durable POA exists for both owners — verify two-witness + notary execution and express durability language (Fla. Stat. §§ 709.2104–709.2105); if defective or absent, initiate planning immediately to avoid guardianship proceedings (Fla. Stat. Ch. 744).
- Prepare a preliminary gross estate inventory across all asset classes — retirement accounts (403(b)/401(k)), practice equity, life insurance (IRC § 2042), investment accounts — to confirm federal estate tax non-exposure below the $15M/person OBBBA threshold.
90-DAY — Days 31–90
- If no RLT is confirmed, engage a Florida estate planning attorney to draft and execute a Revocable Living Trust for both Steven and Geri Topfer and immediately retitle the condominium deed into the trust (Fla. Stat. Ch. 736) — an unfunded trust has no probate-avoidance effect.
- If an RLT is not preferred, record a Lady Bird Deed (Enhanced Life Estate Deed) naming the desired remainderman(s) in Miami-Dade Official Records — Florida Bar Title Standards recognize this as a valid probate-bypass mechanism.
- Confirm deed vesting — if currently Tenancy in Common (TIC), execute and record a corrective deed vesting the property as Tenancy by the Entirety (TBE) to obtain survivorship and single-spouse creditor protection (Fla. Stat. §§ 689.115, 222.01); note that TBE protects at first death only and does not eliminate probate at second death.
- Add express RUFADAA authorization to all estate planning documents (wills, trust, POA) — without it, the fiduciary receives only metadata, not content, for online accounts, email, EMR portals, and financial platforms (Fla. Stat. Ch. 740).
- Review and update Health Care Surrogate designation (Fla. Stat. Ch. 765) and Living Will / Advance Directive (Fla. Stat. § 765.302) for both owners.
- Conduct comprehensive elective share planning — inventory all nonprobate transfers (RLT assets, POD/TOD accounts, joint tenancy interests, life insurance, annuities, transfers within 1 year of death) constituting the augmented estate (Fla. Stat. § 732.2035); the surviving spouse's 30% elective share right (Fla. Stat. § 732.2065) must be addressed in any distribution plan.
- Verify current active status and manager authority for 1500 Ocean Drive LLC (SOS L08000030041) and confirm whether the Topfer unit was ever held in any LLC or corporation — if so, Florida homestead protection may have been forfeited permanently; obtain operating agreements as needed.
- Verify current Florida SOS status of 1500 OD Properties 709 LLC (L14000003250; NAME HISTORY status) at Sunbiz.org — determine whether any interest in the building's units or common areas was conveyed through this entity affecting the Topfer chain of title.
- File petition for Formal Administration with the Miami-Dade County Circuit Court (Probate Division) once the unit folio, deed vesting, title search, and family structure are confirmed — or, if no probate-avoidance instrument is put in place, initiate Formal Administration under Fla. Stat. Ch. 733 with full creditor notification, inventory, and accounting procedures.
Section 7 — Attorney Action Items
The following items require a licensed Florida estate planning and probate attorney. All statutory references are Florida law.
🔴 Tier 1 — Immediate Legal Action Required
| # | Action Item | Florida Authority |
|---|
| A1 | Resolve unit number conflict and confirm unit folio — counsel must direct the PR to pull Miami-Dade Property Appraiser records for both Unit 704 and Unit 1106 under Topfer; cross-reference the recorded 2022 $1.8M deed; no legal work can proceed until this is resolved | Chain of title prerequisite |
| A2 | Pull and analyze the recorded unit deed — examine vesting language (TBE/TIC/other), confirm deed execution formalities (2 witnesses + notary acknowledgment), and search for any life estate or Lady Bird deed language | Fla. Stat. § 689.01; § 689.115 |
| A3 | File petition for Formal Administration (or initiate summary administration if applicable) with Miami-Dade Circuit Court (Probate Division) once unit folio and decedent status are confirmed; obtain Letters of Administration | Fla. Stat. Ch. 733; § 733.202 |
| A4 | Serve AHCA/MERP notice within 90 days of first publication — mandatory statutory obligation; failure to serve AHCA is a PR breach of fiduciary duty | Fla. Stat. §§ 409.9101, 733.2121 |
| A5 | Analyze HOA joint-and-several liability exposure — advise PR and beneficiaries that Fla. Stat. § 718.116(1)(a) imposes unlimited joint/several liability for all unpaid assessments unless an estoppel letter is obtained before transfer; obtain estoppel letter immediately | Fla. Stat. § 718.116(1)(a), (8) |
🟡 Tier 2 — 30-Day Legal Deadlines
| # | Action Item | Florida Authority |
|---|
| A6 | Publish Notice to Creditors — two consecutive weeks in Miami-Dade newspaper of general circulation; personally serve all known creditors; both clocks (3-month publication / 30-day direct service) must run concurrently | Fla. Stat. § 733.702(1); § 733.2121 |
| A7 | Analyze homestead status — determine primary FL domicile vs. investment/vacation property; if homestead, counsel must analyze (a) unlimited creditor exemption under Fla. Const. Art. X, § 4(a); (b) whether decedent is survived by a spouse or minor child triggering devise restrictions under Art. X, § 4(c) and Fla. Stat. § 732.401; (c) MERP shielding impact | Fla. Const. Art. X, § 4; Fla. Stat. § 732.401 |
| A8 | Analyze intestate succession — obtain complete family history; if either spouse has children not of the other spouse, distribution may be 50%/50% rather than 100% to survivor under Fla. Stat. § 732.102; this directly affects TBE survivorship assumptions and administration strategy | Fla. Stat. §§ 732.102–732.103 |
| A9 | Review will execution compliance — if a will exists, verify: (1) testator age/capacity; (2) two-witness mutual presence (Fla. Stat. § 732.502); (3) no holographic will; (4) self-proving affidavit (§ 732.503); (5) interested witness issues (§ 732.504); (6) no-contest clause presence (void under § 732.517) | Fla. Stat. §§ 732.501–732.517 |
| A10 | Confirm Durable POA validity — verify two-witness execution, notary acknowledgment, and express durability language for both owners; if defective, begin capacity assessment and, if needed, petition for limited guardianship before incapacity becomes an issue | Fla. Stat. §§ 709.2104–709.2105; Ch. 744 |
🟢 Tier 3 — 90-Day Planning and Remediation
| # | Action Item | Florida Authority |
|---|
| A11 | Draft and fund Revocable Living Trust — if no RLT exists, draft a Florida-compliant RLT; record a new deed retitling the condominium unit into the trust in Miami-Dade Official Records; an unfunded trust has no probate protection under Florida law | Fla. Stat. Ch. 736; § 736.0402 |
| A12 | Record Lady Bird Deed (if RLT is not preferred) — execute and record an Enhanced Life Estate Deed in Miami-Dade Official Records naming desired remainderman(s); counsel must confirm no surviving minor children (Art. X, § 4(c) conflict); no Florida statutory form exists — drafting must follow Florida Bar Title Standards | Florida Bar Title Standards; Fla. Const. Art. X, § 4(c) |
| A13 | Elective share inventory and planning — prepare a complete augmented estate inventory under Fla. Stat. § 732.2035; map all nonprobate transfers; counsel must ensure surviving spouse's 30% right (§ 732.2065) is addressed and documented; election deadline is 6 months after notice of administration (§ 732.2135) | Fla. Stat. §§ 732.2035, 732.2065, 732.2135 |
| A14 | Add RUFADAA express authorization to all estate planning documents (will, trust, POA, Health Care Surrogate) — without express authorization, fiduciary access to communications content is barred; critical for a physician owner with EMR portals, telehealth accounts, and financial platforms | Fla. Stat. Ch. 740 |
| A15 | Federal estate tax readiness — prepare a preliminary gross estate worksheet (IRC §§ 2031–2044) incorporating all asset classes including life insurance (IRC § 2042) and retirement accounts; if total approaches $12M+, initiate Form 706 readiness planning; federal return due 9 months from date of death | IRC §§ 2031–2044, 6075; OBBBA (2026) $15M/person exemption |
Florida Statute Quick-Reference Table
| Issue | Statute | Rule |
|---|
| Deed execution | Fla. Stat. § 689.01 | 2 witnesses + notary acknowledgment |
| Tenancy by the Entirety | Fla. Stat. §§ 689.115, 222.01 | Survivorship + single-spouse creditor shield |
| Will execution | Fla. Stat. § 732.502 | 2 witnesses — mutual presence; no holographic wills |
| Self-proving affidavit | Fla. Stat. § 732.503 | Eliminates witness testimony at probate |
| Interested witnesses | Fla. Stat. § 732.504 | Devise to witness is void if witness needed for validity |
| No-contest clauses | Fla. Stat. § 732.517 | Unenforceable in Florida |
| Intestate succession | Fla. Stat. §§ 732.102–732.103 | Spouse + non-joint children → 50%/50% |
| Homestead devise — surviving spouse | Fla. Stat. § 732.401 | Life estate (or elective fee simple) if survived by spouse |
| Exempt property (household) | Fla. Stat. § 732.402 | Up to $20,000 household furnishings |
| Family allowance | Fla. Stat. § 732.403 | $18,000; paid to spouse or minor/dependent children |
| Elective share amount | Fla. Stat. § 732.2065 | 30% of augmented estate |
| Elective share — augmented estate | Fla. Stat. § 732.2035 | Includes all nonprobate transfers |
| Elective share deadline | Fla. Stat. § 732.2135 | 6 months after notice of administration |
| Formal administration | Fla. Stat. Ch. 733 | Standard track for this estate |
| Summary administration | Fla. Stat. § 735.201 | ≤$75,000 probate assets OR >2 years deceased |
| Creditor claims period | Fla. Stat. § 733.702(1) | 3 months from first publication |
| Absolute creditor bar | Fla. Stat. § 733.710 | 2 years from date of death |
| Attorney/PR fees | Fla. Stat. § 733.6171 | Statutory scale — default; 3% on $2.4M = ~$72K each |
| Creditor priority waterfall | Fla. Stat. § 733.707 | 8 classes; secured creditors paid from collateral first |
| Medicaid estate recovery | Fla. Stat. § 409.9101 | Class 3; probate estate only; AHCA 1-877-357-3268 |
| Homestead creditor protection | Fla. Const. Art. X, § 4(a) | Unlimited value; ½ acre in municipality |
| Homestead devise restriction | Fla. Const. Art. X, § 4(c) | Cannot freely devise if survived by spouse or minor child |
| Florida Trust Code | Fla. Stat. Ch. 736 | Unfunded trust = no probate protection |
| Condo Act / HOA assessment lien | Fla. Stat. § 718.116 | Statutory super-lien; up to 12 months priority over mortgage |
| HOA joint/several liability | Fla. Stat. § 718.116(1)(a) | Transferee jointly/severally liable — no dollar cap without estoppel letter |
| HOA estoppel letter | Fla. Stat. § 718.116(8) | Caps transferee liability at stated amount |
| Durable POA | Fla. Stat. §§ 709.2104–709.2105 | 2 witnesses + notary; express durability language; void if defective |
| RUFADAA | Fla. Stat. Ch. 740 | Express authorization required for communications content |
| Homestead tax exemption | Fla. Stat. § 196.031 | $25K + $25K property tax exemption if primary residence |
| Elder abuse liens | Fla. Stat. § 415.1111 | Constructive trust / equitable lien available |
| Rule Against Perpetuities | Fla. Stat. § 689.225 | 90-year USRAP |
| State estate tax | Fla. Const. Art. VII | None — repealed effective 2005 |
This briefing is for informational purposes only and does not constitute legal advice. AI-generated analysis should be independently verified by a licensed attorney.