My mom, thankfully still alive at age 85, has informed my sister and I that under the terms of her will, we split everything 50-50. Happy Thanksgiving from Gibbons | Neuman. Being out of state it was nice to get some reliable information from him about Florida law in a, I live in California and needed probate assistance in Florida. Long is a fantastic lawyer and his support staff is top notch. Florida's debtor protection homestead provision is one of the broadest in the United States.The value of the property that can be protected is unlimited, so long as the property occupies no more than one-half acre (2,000 sq m) within a municipality, or 160 acres (650,000 sq m) outside of a municipality. If you bought your Homestead for the price of $100,000 that is your cost basis. A homeowner can lose their homestead by failing to pay property taxes, mortgages or repairs or improvements which are properly perfected as a construction lien that is properly foreclosed. The Will either specifically devises the homestead to you and your sister; OR, 2. Property owners with Homestead Exemption in Florida also receive a benefit known as the “Save Our Homes” cap. Determination of Homestead. 2. View listing photos, review sales history, and use our detailed real estate filters to find the perfect place. upon the death of the decedent. I would highly recommend Mr. Long. Mr. Long responded immediately and set up a phone interview. If you want to sell and she does not want to buy you out, the only option would be to pursue a “partition” action wherein a judge will eventually force you two to sell the property and split the proceeds. I initially thought that I needed to go through the probate process for my father’s estate. allow us to view the contents of the box without a lot of paperwork. Article X, Section 4 of the Florida Constitution states that a judgment creditor cannot force the sale of your home to satisfy the creditor’s money judgment. spend countless hours on my case but kept in touch and always returned Individuals commonly believe that if they own a piece of real property then they can sell it when they want, transfer it to whomever they want, or devise it through their estate planning documents however they choose. He put my mind at ease. Likewise, property held in a Florida land trust may qualify as a Florida homestead. I contacted LD Legal and Long took the time to. Mr. Long answered all of my questions and put my mind at ease. The Save Our Homes cap limits increases in the annual assessment of a home to a maximum of 3% regardless of the increase in Market Value. 2. He handled our probate, and did a wonderfully thorough job. Mr. Long responded immediately and set up a phone call for the same day. He was extremely prompt in returning calls and emails and he answered all of my questions thoughtfully and professionally. His help has given us peace of mind! He took the time to fully understand my situation, conducted online research while we were on the phone (during free initial consult), and actually told me I did not need to probate he will (very honest). Homestead property in Florida is complicated business. After talking to numerous attorneys, I was totally confused, frustrated, and overwhelmed about what I needed to do, and for what reasons. I was very impressed by Mr. Long's professionalism and compassion during this difficult time. Fort Lauderdale. This blog tackles a few tax tips regarding selling your Florida property, including the “Capital Gains Tax Exemption”, reporting issues, the first-time homebuyer credit, and selling cost deductions. Long very clearly explained everything that would need to be. The Will does not specifically instruct the Personal Representative to sell the homestead and distribute the proceeds. His final package was very nice, orderly and prepared for easy access by heirs when the day comes. If you need an attorney at law in Florida for a matter involving business, real estate, bankruptcy, estate planning, probate or personal injury, our firm offers experienced, high-quality legal services. What are the risks of starting probate too soon? In choosing an, attorney I came across Mr.Long's website. Florida homestead law protects a Florida resident’s primary home from levy and execution by their judgment creditors. The short answer is yes (with exceptions!) A personal representative can sell the real property at a public or a private sale. ©2018 Gibbons | Neuman. Florida Probate Questions for the Month of July 2017, Disclaimer, Terms of Use & Privacy Statement. By submitting this message, I understand that I will not be charged for response via email or phone to my message and I am not forming an attorney client relationship. Florida Homestead Protection After Death. Long has given us the confidence that in the event that something happens to us, everything will be taken care of. 1. Zillow has 758 homes for sale in Homestead FL. He explained everything precisely and in language I could understand. Long was engaged, very patient and fair during my decision making process. state, over 2000 miles away! In Florida, a person’s homestead is exempt from forced sale by judgment creditors. The Florida homestead is exempt from your creditors during your lifetime by virtue of the homestead provision of the Florida Constitution. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. There is a standard $25,000 exemption plus an additional exemption up to $25,000. So again, a partition action is probably your only recourse if your sister won’t buy you out and otherwise refuses to sell. Luckily for me, I came across Long at LD Legal LLC. I would recommend him to anyone who wants competent legal counsel who takes the time to give you personal service. He was a big help to us during a difficult time. EMAIL: info[@]gibblaw.com The Will makes no specific reference to the homestead but has a “residuary” clause which generally leaves all property to you and your sister; AND. Homestead Property and the Probate Process. He really cares about how your experience is as a client. You may hear from time to time that a Homestead is a non-probate asset. In the very recent case of JBK Assocs., Inc. v. Sill Bros., Inc. (which is not yet final until the time expires to file a motion for rehearing, and if filed, until that motion is determined), the Florida Supreme Court ruled that, under proper circumstances, such proceeds are protected. estate and I did not know where to begin. A $25,000 exemption applies to the first $50,000 of your Florida homestead property’s assessed value if you own the property on January 1 of the tax year. He was incredibly. To apply, gather required documents and complete an application at your county appraiser's office. It was like that first warm Spring day after a brutally cold winter. I'd recommend him highly for efficient and affordable legal services for estate planning. Long has helped us draft and update all of our necessary paperwork to prepare for our living wills, trusts, last wills. Those protections are derived from Fla. Const. Though he was not "hired". Interestingly, proceeds from the sale of Florida homestead are also protected to the extent that they are intended to be used for the purchase of a new Florida homestead within a reasonable time. If the Will says I'm the Personal Representative, why do I need probate? Video: Does a Last Will & Testament Avoid Probate?? Otherwise, without the consent of all heirs, there is no specific mechanism in Florida probate law to simply sell an heir’s fractional interest in homestead property. However, the following requirements must be met: (1)        there must be a good faith intention, prior to and at the time of the sale, to reinvest the proceeds in another homestead within a reasonable time; (2)        the funds must not be commingled with other monies; and. If you qualify, you can reduce the assessed value of your homestead up to $50,000. Selling Your Homestead Property In 2016, the Florida Supreme Court issued a ruling that had a significant impact on the sale of homestead properties. At the time of the decedent’s death, the decedent owned an interest in real property that the affiant believes to be homestead property described in s. 4, Article X of the State Constitution, which real property being in County, Florida, and described as: (description of homestead property) . While this is legally accurate, if there is no surviving spouse, transfer of the homestead property will require an … unexpectedly. gentlemen for any future need. I ultimately decided to not enter the probate process and did not need the services of LD Legal. I received a quick response to my question. I had a very good and informative conversation with Mr. Duong. What was looking like a nightmare with probate in Florida and me in Delaware turned out to be easily accomplished. If you are looking take your first step when it comes to dealing with the lose of a loved one whom didn't have will Long will put you on stable ground - I 100% recommend him! 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