Legal Question in Wills and Trusts in Florida

My mother stopped filing homestead exemption on he house in 1974. the county took over ownership but she continued living in the house till 2003 when she died. My brother who still lives there was told by the county he has 2 weeks to move out. what recourse does he have if any.?


Asked on 1/22/10, 6:07 pm

4 Answers from Attorneys

Leon Ferraez Ferraez, LLC

Some information must be missing. In very simplistic terms, there are two types of homesteads; the Constitutional Homestead; and the Property Homestead Tax Exemption. Neither one of these would cause the County to take over the ownership of the house; unless she failed to pay her taxes. Then, there is a process that takes place which could ultimately cause the loss of the house. Importantly, there are some Notice provisions that must be complied with. At this point, though, based on what you have written, you probably should go see an attorney.

Read more
Answered on 1/27/10, 6:34 pm
Lucreita Becude Lucreita D. Becude, P.A.

There is not enough information to give you an answer.

Read more
Answered on 1/28/10, 1:25 pm
Robert Roemer Robert Roemer

I think you might have a remedy unless a mortgage wasn't paid or property taxes wen't paid. It is not necessary to re-file yearly a homestead exemption.If you need help send me a e-mail with all the facts.

Read more
Answered on 1/28/10, 8:12 pm
Lesly Longa Longa Law P.A.

I don't think there is enough information here to provide you an answer. You don't have to file for the homestead exemption every year or anything, so there must be something else going on here. Call an attorney right away. Regards,

Read more
Answered on 2/04/10, 11:29 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida