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Florida Probate Question of the Day
I recently talked to a prosepective client about homestead laws in Florida. Specifically:
What happens to a decedent’s homestead in a Florida probate administration that has many or substantial creditors?
I told him that I could secure a Homestead Protection Order so that his mother’s house would pass safely without worrying about the claims of creditors.
Recently, he contacted me for clarification:
I want to make sure I understand that (homestead) classification correctly. I currently do not reside (nor plan to) in my mother’s house, and I was concerned that a legal minor must be residing post-death in order to remain a homestead exemption. Can you clarify that distinction for me when you get a chance?
Answer:
Constitutional homestead protection is granted to the decedent’s estate and accordingly the heirs of the estate.
