Homestead protection from your creditors persists after your death. An attorney from another state asked me the following question. Suppose creditor C has records a civil judgment against debtor D in Florida. D is a Florida resident and lives in a valuable Florida homestead property. D dies leaving his estate, including his homestead, to his adult children. The question is whether D’s personal representative has to sell the homestead to pay C’s money judgment after D’s death.
D’s homestead protection applies to his estate. C cannot levy upon the house after D’s death. The personal representative will transfer the homestead to D’s children as tenants in common. After the transfer the childrens’ own creditors, if any, could levy on the property unless the child, himself, moves into the house and makes it his own homestead.
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