Homestead and Exempt Property in Probate Estates

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    Homestead and Exempt Property in Probate Estates

    In Florida, a Decedent’s homestead real property passes to the Decedent’s protected heirs (essentially, spouse and/or blood relatives). In addition, the Decedent’s spouse, or if there is no spouse, the Decedent’s children are entitled to “exempt property” pursuant to Fla. Stat. 732.402. Exempt property includes household furnishings, furniture and appliances in the Decedent’s usual place of abode up to a net value of $20,000, two motor vehicles, qualified tuition programs, and various death benefits for teachers and school administrators.

    We recently had a client whose father passed away, and it was necessary to open an estate. The Decedent was widowed, and the client was the only child of the Decedent. Unfortunately for our client there were creditors of the estate. However, we successfully procured an Order transferring the homestead, two motor vehicles, and a 529 tuition plan to our client, outside the reach of the estate creditors.

    Our client was ecstatic and we were very happy to help him obtain title to what is rightfully his.

    We look forward to being of service to other clients who may face similar circumstances.

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