Homestead Law in Pembroke Pines, FL

When someone passes away owning homestead property in Florida, the rules change completely. Homestead gets special treatment during probate, it's protected from most creditor claims, it passes according to specific constitutional rules that override the will, and surviving family members have rights that can't be taken away. If you're serving as personal representative of an estate that includes a home in Pembroke Pines, Fort Lauderdale, or anywhere in Florida, you need to understand homestead law. Mistakes can expose you to personal liability, delay probate for months, or result in property going to the wrong people. Carol L. Grant, P.A. helps personal representatives, executors, and families handle homestead property correctly during probate and estate administration. We identify homestead property, determine who has legal rights to it, protect it from improper creditor claims, and make sure it's transferred according to Florida's constitutional requirements. We serve clients throughout Pembroke Pines, Fort Lauderdale, Miami, and the surrounding areas. Call (954) 404-8274 to schedule a consultation and get expert guidance on homestead issues in probate.

Who Needs Help with Homestead Law in Pembroke Pines?

Anyone dealing with probate where the deceased owned a home in Florida needs to understand homestead law. Personal representatives must identify whether property qualifies as homestead because it affects how debts are paid and who inherits the property. Surviving spouses need to know their rights, Florida law may give them the home regardless of what the will says. Adult children from a first marriage often discover that homestead law affects their inheritance differently than they expected. Creditors trying to collect from an estate need to know that homestead property is generally off-limits. Families in Pembroke Pines, Cooper City, Miramar, and throughout Broward County face homestead questions during nearly every probate case. Whether you're trying to protect homestead property from creditors, determine who inherits it, or just want to avoid mistakes that could create legal problems, we help you handle these complex issues correctly.

What to Expect When Dealing with Homestead in Probate

Step 1: Identifying Homestead Property

We determine whether the deceased's property qualifies as homestead under Florida law. This involves reviewing where they lived, how the property was titled, and whether it meets the constitutional requirements for protection.

Step 2: Determining Rightful Heirs

We identify who has legal rights to the homestead based on Florida's constitutional descent rules. This depends on whether there's a surviving spouse, minor children, or adult children, and these rules often override what the will says.

Step 3: Protecting from Creditor Claims

We make sure homestead property is properly classified as exempt from creditor claims during probate. Even if the estate has significant debts, creditors generally cannot force the sale of homestead property.

Step 4: Addressing Family Rights

We help you understand and protect family rights to homestead property, including the surviving spouse's right to remain in the home and any children's inheritance rights under Florida's constitution.

Step 5: Proper Transfer or Distribution

We ensure homestead property is transferred to the rightful heirs according to Florida law, with proper documentation and court approval when required, avoiding title problems down the road.

Benefits of Working with Carol L. Grant on Homestead Law in Probate

void Costly Mistakes

Homestead law in probate is full of traps for the unwary. Distributing homestead incorrectly, allowing creditors to claim it improperly, or failing to recognize protected rights can expose you to personal liability and legal challenges.

Faster Estate Settlement

Homestead issues can delay probate significantly if not handled correctly from the start. We help you address homestead questions early and efficiently, keeping the estate administration moving forward.

Peace of Mind During a Difficult Time

You're already dealing with grief and the stress of probate. Having a probate attorney who understands Florida's complex homestead rules means you don't have to worry about making a mistake with the family home.

Protection from Personal Liability

As a personal representative, mishandling homestead property can make you personally liable to heirs or creditors. We make sure you fulfill your duties correctly and document everything properly.

Clear Communication with Family Members

Homestead descent rules often surprise families. The law might give property to people the deceased didn't intend, or protect rights the family didn't know existed. We help you explain these rules and manage expectations.

Common Questions About Homestead Law in Probate

How do I know if property qualifies as homestead?

Property qualifies as homestead if it was the deceased's permanent residence at the time of death. The key factors are: they lived there, they intended to live there permanently, and the property meets size requirements (up to half an acre in a municipality, or up to 160 contiguous acres outside a municipality). Just owning a house in Florida isn't enough, it has to be where they actually lived. Vacation homes, rental properties, and investment properties don't qualify. The homestead determination matters because it affects creditor protection, who inherits the property, and how it's handled during probate. Sometimes this gets complicated, what if they lived in assisted living but intended to return home? What if they spent six months in Florida and six months in another state? We help you analyze the specific facts and determine homestead status, which is often the first question that must be answered in probate.

Can creditors force the sale of homestead property to pay estate debts?

Generally, no. Florida's constitution protects homestead property from most creditor claims, and this protection continues after death. Even if the estate has significant debts and not enough other assets to pay them, creditors cannot force the sale of homestead property. However, there are exceptions. Mortgages and liens that were already on the property must still be paid. Property taxes must be paid. Liens for work done to improve the property (like contractor liens) can attach to homestead. But ordinary creditors, credit card companies, medical providers, personal loans, cannot reach homestead property. This protection applies during probate and continues after the property passes to heirs. As personal representative, you need to make sure the homestead is properly identified and protected from improper creditor claims while ensuring that legitimate secured debts are addressed.

Does the will control who gets homestead property?

Not always, and this surprises many families. Florida's constitution has special rules about homestead descent that override the will in certain situations. If the deceased was survived by a spouse, the homestead must pass either to the spouse outright or the spouse gets a life estate with remainder to the children. The deceased can't leave it to someone else. If there are minor children (under 18), the homestead must go to the spouse (if any) or to the children, it can't go to other relatives or friends. These constitutional restrictions override whatever the will says. So you might have a will that clearly states "I leave my home to my brother," but if there's a surviving spouse, that provision is invalid. The home goes to the spouse according to Florida's constitution, not to the brother. This is one of the most misunderstood areas of Florida law and causes confusion in many probate cases.

What rights does a surviving spouse have to homestead property?

A surviving spouse has significant protected rights to homestead property under Florida law. If the deceased left the homestead to the spouse, the spouse owns it outright. If the deceased left it to children or others, the spouse is still entitled to either a life estate (the right to live there for life, with ownership going to the children after the spouse's death) or an undivided one-half interest in the property. The spouse can choose which option they prefer. Additionally, the surviving spouse has the immediate right to remain in the homestead during probate, they can't be forced to leave while the estate is being settled. These rights exist regardless of what the will says, and they can't be waived except through very specific legal procedures. As personal representative, you must protect these spousal rights throughout the probate process.

What happens if there's a mortgage on the homestead property?

A mortgage doesn't change who inherits homestead property, but it does create practical issues. The mortgage remains a valid lien against the property even though homestead protects against most other creditors. Whoever inherits the property inherits it subject to the mortgage. They'll need to keep making payments or risk foreclosure. Sometimes the estate has enough other assets to pay off the mortgage before distributing property to heirs. Other times, heirs take the property with the mortgage and decide whether to keep paying it or sell the house. Life insurance proceeds are often used to pay off mortgages. If the deceased had mortgage insurance, that might pay the balance. As personal representative, you need to make sure mortgage payments continue during probate so the property isn't lost to foreclosure, and work with heirs to determine the best way to handle the debt.

Can homestead property be sold during probate?

It depends. Generally, homestead property cannot be sold to pay creditors because it's protected from creditor claims. However, there are situations where selling homestead during probate makes sense or is necessary. If all heirs agree to sell the property and split the proceeds, a sale can often be arranged with court approval. If the property has a large mortgage and heirs don't want to keep it, selling may be the practical solution. If there's no surviving spouse or minor children, and adult children who inherit want to sell rather than own it together, that's usually permissible. But if there's a surviving spouse or minor children with protected homestead rights, selling becomes much more complicated and may require court proceedings to determine whether a sale is in everyone's best interest. We help you determine whether selling is legally permissible and practically wise in your specific situation.

Communities We Serve

Homestead property in probate requires careful handling to protect everyone's rights and avoid costly mistakes. Whether you're just learning that homestead laws affect your probate case or you're facing specific homestead questions and need guidance, Carol L. Grant, P.A. can help. We'll review the property, identify who has rights to it, and show you how to handle it correctly under Florida law. Call (954) 404-8274 today to schedule your consultation, or email us at Carol@CarolGrantLaw.com. Let's make sure the homestead property is handled properly.