Q: How can I restore the homestead exemption and address increased property taxes after inheriting a Florida homestead in 2024?
I inherited a Florida homestead legally through probate court in 2024. I was already residing in the home with my mother before she passed away, and this is my permanent residence. However, the homestead property tax exemption was removed because the property appraiser claimed I did not own the house as of January 1st. According to the Florida Constitution, the homestead should pass outside of probate or through the personal representative upon my mother's passing. Had I known I needed to apply, I would have. Additionally, the TRIM notice was sent to a closed PO Box belonging to my mother, so I did not receive it at the property. I brought this to the property appraiser's attention, but they stated they don’t email out TRIM notices. I feel my rights as a beneficiary of my parent’s will and as a Florida resident homeowner have been violated. What can be done in this situation to restore the homestead exemption and address the increased property taxes?
A: If the probate had been done and completed and the property transferred to you via Petition to Determine Homestead Status of Real Property, you should be able to record the court order and that will prove your ownership and you can apply for Homestead for tax purposes, you will not be able to carry over your mom's Homestead. If none of this has been done, then you may want and need to speak with a Florida Probate Attorney, and they will be able to make the appropriate probate filings to accomplish this. The current deed of the property should also be reviewed.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.