An attorney contacted me about his client who is the subject of a federal agency regulatory enforcement. The agency obtained a civil judgment against the client for restitution and civil penalties. The agency is threatening to use civil contempt to enforce payment. The attorney and his client want to know if the client’s Florida homestead …
Federal Agency Contempt Power To Enforce Civil Restitution Read More »
Putting your house in a trust, such as a revocable living trust, offers some estate planning benefits in Florida, but some downsides as well. A trust has three parts: a grantor (you), who sets up the trust a trustee, who controls the trust assets (often you as well) one or more beneficiaries (typically you while …
Florida’s homestead exemption has been interpreted to provide protection not only for the physical homestead property, but also for both the cash and non-cash proceeds from a voluntary sale of the homestead as well. A financial account comprised of homestead sale proceed has often been described as a “homestead account.” Many clients have heard of …
How to Protect Proceeds of Homestead Sale in Florida Read More »
Some clients are unsure what happens to their Florida homestead if they do not have a will. In some situations, a decedent’s only substantial asset was their homestead. When someone dies without a will they are said to have died intestate. A person’s homestead in Florida generally passes free and clear of any creditor claims. …
Technology has made it easier for people to operate a business at or next to their primary residence. Operating a commercial venture on the property where you reside raises issues about Florida’s homestead exemption from creditors. The issue is whether a Florida resident can operate a commercial business on his homestead property without forfeiting homestead …
Florida Homestead Exemption Not Affected By Commercial Operation on Land Read More »
I have had many clients who did not qualify for homestead protection because their primary residences was situated on a lot over ½ acre in lot size within the City limits. These clients usually ask whether they can claim a homestead exemption on the just the portion of the lot where their house sits if …
Subdividing a Large Lot Within a City To Qualify For Florida Homestead Read More »
Federal agencies are the strongest creditors and are the most likely to overcome asset protection planning. Court decisions involving federal agency collection frequently favor the creditor agency. An example is an unpublished order involving one of my clients who had been sued by the Federal Trade Commission for conducting illegal telemarketing. The telemarketing activity was …
Federal Agency Judgment Results in Blanket Trust on All Debtor Assets Read More »
Debtors can claim Florida’s asset exemptions only if they are domiciled in Florida. People sometimes confuse the term “domicile” with the term “residence.” A person is a resident of any place where he resides and keeps property. A person may be a resident of more than one state; some people have second and third homes …
Is a Green Card Required For Florida Domicile and Exemptions? Read More »
A Florida judgment was entered against a client for alimony and support in October 2017. The client had purchased a Florida home in 2013, but he was not a legal U.S. resident at the time having moved from Canada. He got a green card in August, 2017. He resided in the Florida home since its …
Homestead Protection From Alimony and Support Judgment Read More »
Illegal immigration is in the news in 2018, including legal status of adults and their minor children. Florida courts have considered immigration status in the context of Florida homestead protection. The Supreme Court said in 1963 that only legal Florida residents can own a protected Florida homestead property. The reasoning is that homestead protection requires …
Can Illegal Immigrants Possible Get Homestead Protection? Read More »