A common question our Jacksonville Homestead Lawyers receive is “When A Spouse Dies, Does The House Automatically Transfer To You?” One of the more common Florida probate questions our clients ask the Jacksonville homestead lawyers at The Law Office of David M. Goldman PLLC is whether a house automatically transfers…
Florida’s homestead protections are renown throughout the country for the great homestead protection laws that protect state residents. These laws are found in Florida’s Constitution and offer key protection in three different ways. The state constitution offers protection from creditors, tax exemptions, and transfer restrictions to protect spouses. Homestead Protection…
Florida offers some of the strongest homestead protection laws in all of the United States. When a resident of Florida dies, the law protects the surviving spouse and minor children from becoming homeless by preventing the decedent from giving his or her estate to someone else through a Will or…
Florida Homestead for Non U.S. Citizens is possible for two types of Florida Homestead exemptions. The first homestead exemption is tax based. If you live in your home and you or your spouse or dependent child is a permanent resident of the state of Florida on January 1s you are…
In Florida, the primary residence is often protected by the Florida constitutional homestead protections. While in many other states, a persons homestead is not protected from creditors and can be lost to claims for Medicaid reimbursement, this is not the case in Florida. The only creditors that can make a…
Florida is a rather unique state in rights associated with homestead exemptions from forced sale. In a nutshell, it is nearly impossible for creditors to force the sale of a homestead (a situation famously highlighted by OJ Simpson, who purchased a large estate in Florida in part to avoid creditors).…
If your last parent in Florida has passed away leaving their Jacksonville home, how do you proceed if you want to sell the house? A Florida deed transfers title to real property from one person(s) to another. Generally before anyone will purchase a property, they will require clear title to…
Atlantic Beach, Neptune Beach and Jacksonville Beach homeowners may know that the Florida Homestead Protection mandated by the Florida Constitution, is afforded to many residents. This homestead protection protects one’s home from the claims of most creditors. Further, if one dies leaving minor children, then the home cannot be devised…
As a Jacksonville Attorney at a Florida Estate Planning Firm, I have seen many issues concerning homestead protection in both probate matters and in estate planning. When you occupy a home in Florida as your main residence, this is called your homestead property. Notwithstanding some exceptions, the Florida Constitution protects…
Most Florida Estate Planning Lawyer deal with planning for the unexpected and protecting your assets for those after we are gone. Part of this protection and planning often involves the use of the Florida Homestead. The Homestead Exemption is not exclusive to Florida. A recent case, a New York Representative…