Homestead is found in 3 different contexts under the Florida Constitution: (i) taxation in Article VII, Section 6; (ii) creditor protection in Article X, Section 4(a) and (b); and (iii) devise and descent in Article X, Section 4(c). This post follows my post on taxation and my post on creditor protection,
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Homestead is found in 3 different contexts under the Florida Constitution: (i) taxation in Article VII, Section 6; (ii) creditor protection in Article X, Section 4(a) and (b); and (iii) devise and descent in Article X, Section 4(c). This post follows my post on taxation and brings us to creditor protection.
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I have encountered a lot of confusion lately regarding the import of the term “homestead” under Florida law. At its most basic level, homestead is a Florida resident’s primary residence. Designation as homestead, however, carries several important benefits and burdens.
Homestead is found in 3 different contexts under the Florida Constitution: (i) taxation in Article VII,
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Fla. Stat. 732.102 governs the distribution to a surviving spouse of an intestate estate – one in which the decedent did not leave a Last Will – by providing the following three alternatives:
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One misunderstanding that commonly manifests following the passing of a loved one involves durable powers of attorney. Often a family member who was designated as attorney in fact under an existing durable power of attorney thinks they may continue to act on behalf of the deceased. However, “durable” does not mean that the power of attorney survives death,
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