In Florida, certain criteria must be met to establish a piece of real property as a legal homestead. Generally, the property owner must use the property as a primary residence with the intent to remain there indefinitely. There are also requirements regarding use and occupancy of the homestead.

Assisting Individuals And Creditors In All Aspects Of Homestead Litigation

Establishing a residence as a homestead has important financial and tax ramifications. Florida has some of the most comprehensive homestead exemptions in the United States, generally allowing a decedent’s homestead to pass directly to beneficiaries after death without the fear of exorbitant tax penalties or forced sale to benefit estate creditors.

When a homestead owner dies or becomes incapacitated, disputes sometimes arise with regard to who will retain ownership rights of the homestead, whether fiduciaries and/or guardians can use the value of the homestead to pay off the debts of the homestead owner, and whether creditors can challenge a claim of homestead exemption in order to seize the homestead and sell it to satisfy debts owed.

Experienced, Professional Representation

At the Law Office of David M. Garten, Esq., we represent beneficiaries, fiduciaries, guardians and creditors in all matters related to homestead litigation. Whether you are a beneficiary trying to protect your loved one’s homestead, a guardian wanting to sell a homestead to pay for ongoing care of the ward, or a creditor wishing to challenge a claim of homestead exemption, we can help you understand your rights and strongly protect your interests.

For more than 30 years, attorney David M. Garten has served clients in West Palm Beach and surrounding communities with integrity and professionalism. He has considerable experience with homestead litigation matters and has established a history of achievement in this area. He can help you address a broad range of questions and concerns, including:

  • How can you keep your homestead protected from creditors?
  • Can you safeguard a homestead by placing it in trust?
  • If an incapacitated individual moves into assisted living, can a guardian or fiduciary sell the individual’s homestead to pay for the individual’s debts?
  • As a creditor, how can you challenge the homestead exemption?

Contact Attorney David M. Garten

Call our firm at 561-689-0054, or send us an email, to arrange a consultation with an experienced West Palm Beach homestead litigation lawyer. We represent clients throughout Palm Beach County, Martin County and Broward County. To learn more about issues related to Florida homestead law, click here to read some of our articles.