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Sunday, September 24, 2017

New Useful Florida Homestead Concepts Diagram

Several years ago I prepared a table to assist practitioners in determining what restrictions apply on a transfer of homestead property at death or during lifetime. You can access it here.

Homestead status has other implications, including protections from creditors, inclusion or exclusion from the probate estate, and ad valorem tax implications. The Florida Statutes also employ the term “protected homestead” in defining some of these aspects. The whole area makes for a set of interrelated and unrelated concepts and implications that is difficult to both comprehend and apply.

To help with understanding these concepts, and how the statutory term “protected homestead” fits in, I have created a new diagram. You can download a copy here.

If you see the need for any corrections or clarifications, please email me at crubin@floridatax.com. Note that the chart does not address ad valorem tax considerations of homestead.

SUMMARY OF HOMESTEAD RESTRICTIONS ON TRANSFER AND DEVISE AND CREDITOR ASPECTS -AND- INTERPLAY OF “PROTECTED HOMESTEAD” CONCEPT

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