Legal Question in Wills and Trusts in Florida

Re: Homestead petition

The Petition to Determine Homestead can be filed at any time. However, the homestead is only exempt from Creditors if the recipients are heirs at law. So, if the homestead is properly devised (ie. no spouse or minor child), and the devisees are not heirs at law, the 3 month claims period must expire before the Order Determining Homestead can be issued. Keep in mind that homestead is not actually a probate asset. It passes separately, but is subject to the determination of the probate court, and, if it passes to non-heirs, is subject to the claims of creditors.

Re: Homestead petition

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Immediately.

Scott R. Jay, Esq.