Legal Question in Civil Litigation in Florida

Estate Dilema
My fiance recently passed away and left his house to me in Florida which is homesteaded in his will. The problem is he was involved in a civil suit along with his ex-wife who embezzeled from her employer. They settled and gave up their home in NJ which when sold did not settle the entire amount. They are now filing a claim against the estate to foreclose on the property. Do I have any chance with the florida homestead laws to keep them from doing this?

Asked on 1/13/07, 3:58 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: Estate Dilema

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is always a chance that you may be allowed to keep the homestead property. You have provided few facts, but the source of funds will come into question as well as the length of time the property was the primary residence. Depending on what is proven to the court, you may or may not prevail.

I strongly suggest that you contact local counsel to represent you in this matter.

Scott R. Jay, Esq.

Answered on 1/15/07, 6:54 pm

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