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Can I keep money from the sale of the house away from my creditors? Florida homestead protection for sale proceeds (March 11, 2015 Florida homestead case)

Uncategorized • Mar 27, 2015
post about Can I keep money from the sale of the house away from my creditors? Florida homestead protection for sale proceeds (March 11, 2015 Florida homestead case)

So, you are selling a Palm Beach house that was someone’s Florida homestead: maybe your own house or did youinherit a house from mom or dad in a Palm Beach probate?  If you want to know if themoney from a sale of Florida homestead is free from attack of  your creditors, you will want to read this recent March 11, 2015 Palm Beach homestead case which the 4th District Court of Appeal just decided.

Is my Manalapan house free from creditor attack?

  • Florida has tough asset protection laws if you owe people money–and tough probate rules
  • Probate lawyers Palm Beach Gardens know the importance of Florida homestead
  • If you own a small house on the water in Jupiter, Florida or a mansion in Boca Raton, the Homestead protection means that your house is free from forced sale
  • But what if you sell the Palm Beach homestead?
  • Is the sale money free from attack?
  • Is the sale money homestead protected?
  • These are questions which a lot of probate lawyers West Palm Beach deal with.

Can I keep my money from the house sale away from my creditors?

  • Read JBK Assoc v. Sill Bros. Inc, a Palm Beach County homestead case which just came down from the Palm Beach Appeals Court
  • 40 Fla. L Weekly D 616
  • This Palm Beach homestead case discusses Orange Brevard Plumbing & Heating Co. v. La Croix homestead Florida case
  • What if you take the money from the sale of a homestead in Florida and put the sale proceeds in a bank account….
  • Or, better yet, in a stock brokerage account and the value increases?
  • Is that sale money yours free from creditors?
  • Do the sale proceeds, the money, from the sale of  the Florida homestead stay protected?
  • If so, how long do I have to buy a new homestead in Florida?
  • What is the real legal or probate purpose of Palm Beach homestead?
  • You can get a copy of this homestead opinion for free at the 4th DCA (Florida) website.