Sometimes, a homestead almost gives you a “guaranteed” inheritance when a family member passes away. Most Floridians own a homestead worth hundreds of thousands, if not millions, of dollars. And, normally, sometimes (maybe??) homestead goes to the HEIRS. That’s why so many sons and daughters and spouses hire Alpha-Dog probate litigators. (To try to “get” “theirs”.) Finding an accomplished and successful homestead lawyer who has handled trials and appeals on this unique (weird?) Florida topic can be a challenge. Here are the issues to consider and what to look for.
What is homestead and “heirs”
Heirs are the spouse and descendants.
That means kids, grandchildren, and a spouse.
Note: not ALL of them inherit, or inherit EQUALLY.
To read more about who is an heir in Florida, simply click this link.
See also Florida Probate Code Statute 731.201 (20).
Homestead is that one abode, one residence, that a Floridian calls home. You know, where you file your taxes from, where you consider returning each time that you are away.
Florida has unique homestead laws when there is no will and, sometimes, even when there is a will or a deed. Or a prenup.
So……….don’t assume that someone gets the homestead. Talk to an experienced homestead lawyer in Florida who has actually litigated and appealed this topic.
Homestead lawyer Florida
So, if you are in a legal dispute in a probate or estate, or maybe a deed, about homestead, what do you need to know to hire some “firepower”?
Here are some “bullet point” questions to ask any lawyer who you are interviewing. I think that these questions will help you in your search for a good lawyer to help with your Florida inheritance issues:
- How many appeals involving this topic have you personally handled?
- How many trials have you handled?
- Has your work ever been published in an opinion?
- What was the longest trial that you have had?
- What does it take to prove homestead?
- How does the law treat “half” sisters/brothers, adopted children and born-out-of-wedlock children?
- What factors should I consider in evaluating my case?
- Will you take my case and get paid ONLY if you win?
In the end, you don’t always need a probate litigator for your legal needs. But if you do, hopefully this helps you in your interviewing process.