Sarasota Wills, Trusts & Probate Attorneys: Homestead

Homestead

Exempt Property

Homestead property in Florida is exempt from unsecured creditors' claims. Only creditors that can claim a lien against the homestead, such as mortgage holders, construction liens or taxing authorities, my make a claim against a homestead property.

This protection extends to heirs of the owners. If the homestead property is left to heirs (heirs are defined in the laws of intestacy), the homestead is not subject to claims against the estate. However, if the homestead is left to non-heirs, the property may have to be sold to pay claims against the estate.

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