Legal Question in Wills and Trusts in Florida

It sounds to me like you have already started the probate process. If so, unless you did a summary administration, then you would have already had to retain counsel. Most practitioners would direct you to contact your probate attorney about this. He/she would be most familiar with your case. There may be significant information that is not contained in your synopsis.

What I can tell you though, is that GENERALLY, the Petition to Determine Homestead Property is the procedure for establishing that a particular property qualifies as homestead. If it qualifies as homestead, then it would pass outside of the probate estate as a matter of law. But, it takes an Order Determining Homestead Property to make that happen. Any party that has an interest in the probate estate, such as heirs or creditors, can make an objection to the claim of homestead. They have the right to be heard, and you cannot legally force a party to consent to anything.

Once again, though, your attorney would have more specific information about your case. Call him/her, after all, its what you're paying him for.

Mr. LaBella is correct, and I deduced the same. The only thing I can add is that if it is Homestead, then it is Homestead. It may take longer, but even without the cooperation of others, there are procedures your attorney can use to push this to conclusion. It sounds like your counsel may have to start moving in that direction.

Both my colleagues are correct. My question, Do you have an attorney? If not, get one.