Homestead Appeal

A homestead appeal often means that there are millions of dollars on the line. So, you need a probate lawyer who understands both the intricacies of Florida homestead and also appeals. (To read about getting attorneys fees for your appeal, consider reading this).

Experience Counts

Let’s face it. Experience Counts.

Homestead law is confusing.

So are appeals.

And sometimes there is “tension” between a 2nd, 3rd or 4th spouse and the deceased Florida resident’s adult children. But, in Florida, a surviving spouse or widow has VERY VALUABLE PROPERTY RIGHTS.

Unless you signed a prenup.

But even then, folks “fight” over what the prenup says. What its terms are. Who gets what?

That’s why it makes sense to find a law firm that has handled appeals for years. And specifically homestead litigation and appeals.

Here is a recent homestead appeal that got the client millions of dollars. The adult children of the deceased Florida resident “fought” the surviving spouse, who signed a prenup.

The 4th District Court of Appeal reversed the Palm Beach County probate judge (who gave the spouse nothing). The DCA agreed with the lawyers for the spouse –she should get half of the homestead.

When the appeal finished, the real estate market was on fire. The residence was worth millions. And the spouse got millions.

Homestead Rights

So, the surviving spouse has very valuable homestead rights.

This includes a right to live in the deceased Florida resident (spouse’s) home. See Florida Probate Law 732.401.

Or, under limited 6 month circumstances, you can elect to sell the homestead and take half the sale proceeds.

In Florida, with real estate expensive, that often means that the widow may have rights that are worth millions of dollars –in just the homestead property.

There was a big homestead appeal in Palm Beach County. The spouse signed a prenup. But the prenup did not apply to the homestead. You can read that victory by clicking here.

But asserting your rights to homestead is just ONE right that a spouse, or adult children, may claim. It often turns on whether there is a valid will or not. When there is no will, that’s called “intestacy.”

For more on homestead litigation, click here.