Is my mother’s house protected from probate creditors?

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Is the house protected from creditors in Florida probate?

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.

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What happens to online accounts after you die?

We are an internet addicted society (guilty!) – so much so that some are willing to give up sex for online access.
How many online accounts do you have?
Gmail, Hotmail, Yahoo Mail, Facebook, MySpace, Twitter…
Do you bank online? Do you use the bill payment feature (billpay)?
How about PayPal? Google Checkout?
Typically when a bank is notified about [...]

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Survey: Premium Webinar on Probate Administration

Over the last several months, I’ve had several requests to do a premium webinar about the probate administration process so I’m going to do one more survey to confirm interest.  We are debating the price point for “admission” which would include a Q&A session for those of you with burning questions about the process.
If there’s [...]

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Unclaimed Money in the State of Florida

When I was in college, I opened up a checking account at Barnett Bank (which is now known as Wachovia) because (a) I got a free t-shirt and (b) my hometown bank did not have a branch in the town where I had moved.
A few years after I graduated and moved on with my life, [...]

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Why Summary Administration is NOT always the best choice

In a nutshell, Summary Administration in Florida is a type of probate proceeding for small estates.
To be eligible:

The estate must contain less than $75,000 in non-exempt assets (typically, assets other than the decedent’s home) OR
At least 2 years have passed since the date of death

No brainer right?
Not exactly.
Lately, I’ve had to remind clients and prospective [...]

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