Legal Question in Wills and Trusts in Florida

Re: Petition to Determine Homestead

Can an heir object to the other heir's claim of homestead protections? Our brother wants the property sold to a third party although we offered to buy his proportional share. We are prepared to wait for a better market and propose to rent the property until then. There is no requirement within the trust to sell and distribute fund. What circumstances would the court deny the petition to homestead the property?


Asked on 8/26/18, 2:18 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If it is Homestead, then it is not in the Trust. If it is in the trust, then the trust document would control.

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Answered on 8/26/18, 6:53 pm


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