Resolving Homestead Disputes In Connection With Probate And Trusts
Florida homestead law protects a Florida resident’s primary residence from judgment creditors. This means that even if a creditor or litigant wins a judgment against you when you have claimed your house, condominium or mobile home as your permanent residence in Florida, the winner of a judgment cannot put a lien on your home.
Homestead rights pass on to heirs and beneficiaries after a homeowner dies. Creditors and winners of judgments often try to come in quickly and put a lien on a home after a debtor has died. It is, therefore, important for executors, trustees, beneficiaries and heirs to get legal advice promptly when a homeowner has died in Florida. At Forgione Law, you can work closely with a probate litigation attorney whose practice focuses solely on estate litigation and administration.
How Attorney Brandon Forgione Can Help You Protect Inherited Real Estate Assets
Probate and trust cases frequently implicate homestead rights and other real property issues. You may need legal counsel as:
- The winner of a judgment seeking to challenge a deceased debtor’s homestead rights
- The beneficiary or heir of someone who died while owning a house, condominium or mobile home that had homestead rights, as you seek to protect your interest in the property
Determining the truth in a homestead litigation case typically involves detailed investigation and legal analysis.
For example, the deceased person may have claimed a piece of real estate as their homestead but did not live there long enough or stay in Florida consistently to retain homestead rights. Attorney Forgione may be able to help you challenge the alleged homestead rights, force a sale and claim your rightful portion of the sales.
Or, you may be on the opposite side of homestead litigation and need to document the legitimacy of your deceased family member’s homestead rights. The sooner you get legal counsel in such a case, the better. If a home is sold after a creditor challenges homestead rights and assets are dispersed, it can be very difficult to recover your losses if you were a rightful beneficiary or heir of the property.
Don’t Let A Would-Be Lienholder Spoil Your Inheritance In A Homestead Litigation Case
When the facts line up right, attorney Forgione can prevent a judgment from attaching to or becoming a lien on a piece of real estate that you or someone else should inherit according to the terms of a will or trust. If you or a rightful beneficiary was a co-owner of a house with homestead rights, he can help protect your rights and interests, and prevent troubles that might otherwise come about through unfounded legal claims by creditors.
Alternatively, if you performed work on a property that gives you the right to place a mechanics lien on it – even when an owner or beneficiary claims it fell under their homestead rights – attorney Forgione can evaluate your case. You may have rights according to exemptions allowed under the Florida homestead laws for such liens.