${site.data.firmName}${SEMFirmNameAlt}
We Can Help - Se Habla Español
Call407-680-1471

Florida's homestead exemption protects the family home

A common expectation for many people setting up their estate plan, or updating their existing plan, is that their spouse and children will continue to live in the family home if the testator dies first. Few would like the idea of creditors getting their hands on the house and selling it, leaving their family out on the street when they are gone.

To prevent this from happening during probate, Florida law protects the family home from the reach of creditors. A property designated a “homestead” cannot be sold against the owners’ wishes by court order. No matter how much debt the decedent left behind, the homestead is safe from a forced sale.

People who own and occupy a single piece of property will likely have an easy time showing that it is their homestead. But for other people, such as “snowbirds” who split their time between Florida and another state, figuring out which property is the homestead can be complicated. Either way, there is a legal process that the estate must go through to resolve the homestead question.

This is an example of the importance of having a probate attorney help you after a loved one passes away, especially if you are the personal representative for the estate. A lawyer can act as an adviser, make the personal representative’s duties and obligations clear, and represent the estate in court. If there are creditors or parties challenging the will, the attorney can help fend off invalid claims. This can make a difficult team easier.

No Comments

Leave a comment
Comment Information
  • Avvo Clients' Choice
  • Lawyers.com
  • ATG
  • JDSUPRA | Give Content. Get Noticed.
  • SSF | Short Sale Facilitators
Email Us For A Response

Contact Korshak & Associates

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

North Office
950 South Winter Park Drive
Suite 320
Casselberry, FL 32707

Phone: 407-680-1471
Casselberry Law Office Map

South Office
BY APPOINTMENT ONLY
13574 Village Park Drive
Suite 235
Orlando, FL 32837

Orlando Law Office Map

Back to Top