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Florida Probate Blog

Posts Tagged: petition to determine homestead

HOMESTEAD CREDITOR PROTECTION

Written by on Jun 17, 2020| Posted in: Probate Litigation

The Second District Court of Appeals holds that renting rooms in a home does not destroy Constitutional protection from creditor claims. Anderson v. Letosky, — So.3d — (Fla. 2d DCA 2020), 2020 WL 2745559 Decedent died owning a four-bedroom home.  At the time of his death, three of the bedrooms were rented to tenants and Decedent lived in the fourth bedroom.  Decedent had $38,000 in judgment liens that a creditor was attempting to enforce against his estate.  Decedent’s son filed a petition with the probate court seeking judicial determination that Decedent’s entire home was protected homestead and exempt from creditor claims.  The creditor argued that 75% of the value of the home should not be protected so it could be used to pay the creditor.  The trial court agreed with the creditor.  The appellate court reversed and held that the entire house was protected homestead even though three rooms were […]

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Florida Probate Deadlines

Written by on Aug 23, 2019| Posted in: General

Florida Probate Deadlines The following chart provides many of the Florida probate deadlines that creditors and beneficiaries should be aware of to protect their interests in a decedent’s estate. Production of Original Will (i.e., file original will with court) custodian of will must file within 10 days after receiving information testator is dead Fla.Stat. 732.901(1) Objection to Validity of Will, Qualification of Personal Representative,  Jurisdiction or Venue if served with Formal Notice and Petition for Administration before issuance of Letters of Administration, then 20 days from date of service (read this article for more about this process Death Probate and Due Process) if served with Notice of Administration after issuance of letters of administration, then 3 months from date of service Fla.Stat. 733.212, 733.2123  Fla.Prob.R. 5.040, 5.201, 5.240 Petition for Exempt Property if no will contest, then 4 months from service of Notice of Administration if will contest, then 40 days after termination […]

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