Sebastian, FL asked in Constitutional Law and Estate Planning for Florida

Q: denied homestead b/c trust words don't meet FL statutes. They know I have lived here 40 yrs! FED. Constitutional rights?

2 Lawyer Answers
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Estate Planning Lawyer
  • Fort Lauderdale, FL

A: Amend the trust. If you put your homestead into a trust, a separate entity you need to comply with the law to get the homestead exemption.

Charles M. Baron agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: I agree with Ms. Grossfeld, and to answer the last part of your question, no, you don't have a potential Federal constitutional rights issue/claim. Laws governing the homestead exemption are under the Fla. Constitution and Fla. Statutes. If your legal documents were done the correct way to preserve your homestead exemption, and you were then denied the exemption, you would have a claim under State law - but from your description, I'm guessing they were not done correctly OR that you didn't convey to the drafter of the documents that you wished to preserve the exemption.

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