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. …
Florida Homestead Exemption Not Affected By Commercial Operation on Land
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 LandRead More
Subdividing a Large Lot Within a City To Qualify For Florida Homestead
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 HomesteadRead More
Federal Agency Judgment Results in Blanket Trust on All Debtor Assets
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 An example is an unpublished order involving one of my clients who had been sued by the Federal Trade Commission for conducting illegal telemarketing.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 AssetsRead More
Is a Green Card Required For Florida Domicile and Exemptions?
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
Homestead Protection From Alimony and Support Judgment
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 JudgmentRead More
Can Illegal Immigrants Possible Get Homestead Protection?
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
Florida Homestead Protection Against Partition Sales
The Florida homestead exemption does not protect homeowners against all forced sales of their property. Consider one of my client’s situation where my client resided in a home that he owned jointly with a friend. The friend did not live in the house. The friend decided he wanted to sell the house and reap profits …
Florida Homestead Protection Against Partition SalesRead More
Living Trust Homestead Exemption
When I am preparing a living trust for estate planning clients I am often asked to advise whether or not it is wise to title homestead properties in the name of the living trust. Trustmaker clients are concerned that conveying their homestead to their living trust may forfeit their Constitutional homestead exemption from creditor judgments. …
Florida Homestead Protection After Death
The Florida homestead is exempt from your creditors during your lifetime by virtue of the homestead provision of the Florida Constitution. But, what happens after you die? Can your creditors put a lien on your homestead once you are no longer living in the house after your death? One of my clients expressed concern that …
