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…
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…
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…
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…
The Florida homestead protection works even after a judgment debtor’s death. A Florida homestead property is exempt from judgment creditors during the owner’s lifetime by virtue of the homestead provision of the Florida Constitution. A judgment lien does not attach to one’s homestead residence. Many debtors fear that their judgment creditor’s lien will automatically attach…
The Florida homestead exemption is Florida’s best known asset protection law. The exemption becomes more complicated, and more limiting, when it interacts with certain provisions of federal law. One example is federal tax law pursuant to which the IRS may place a lien on a taxpayer’s homestead to collect taxes. Another lesser-known change to Florida…
The concept of an exempt “homestead account” is a well-settled legal concept in Florida. It holds that proceeds from the sale of a homestead remain exempt after deposit in a bank account for a reasonable time while the owner is searching for a new homestead. Most people concerned with protecting homestead sales proceeds keep the…
One of my married clients purchased a Florida homestead in his own name, and then he transferred the house to his LLC. A creditor obtained a judgment against the client, but the creditor did not seek a judgment against the wife. He asked me for my opinion about whether the creditor could levy on his…
