Homestead protections

Question 1

FL homestead laws

Answer 1

Florida’s homestead laws protect a homeowner, or the owner’s family, from certain creditors and may also safeguard the family from transfers or disinheritance

A homestead generally may not be forcibly sold to pay a homeowner’s creditors, subject to 3 exceptions

Question 2

Homestead outside municipality:

Answer 2

160 acre contiguous land limitation

And improvements on land

***NOT capped at $$ amount

Question 3

Homestead within municipality:

Answer 3

½ acre contiguous land limitation + residence

And improvements

Limited to residence of owner and owner’s family

***NOT capped at $$ amount

Question 4

Personal property (homestead protection)

Answer 4

Personal property up to $1,000.

Inures to spouse OR heirs

NOT subject to devise ONLY IF survived by spouse or MINOR child

EXCEPT – MAY devise to spouse IF NO minor children

Question 5

3 types of debt that can be enforced against the homestead:

Answer 5

1. Debts for payment of taxes and assessments on the homestead;
2. Debts for the purchase or improvement of the homestead; and
3. Debts for labor performed on the real property

Question 6

Exempt property

Answer 6

Up to $1,000 of personal property, $20,000 of certain household items, 2 qualifying motor vehicles, etc.

• Can be claimed and received by spouse
• IF specifically devised to another, spouse cannot claim
• Not included in computation of elective, pretermitted, residuary or intestate shares
• Subject to right of creditor with security interest
• Spouse or children MUST affirmatively petition court

Question 7

Family allowance

Answer 7

Cash assistance to dependents during early stages of probate

Limited to no more than $18,000

Do not reduce spouse or lineal heirs’ share of estate