What is an “Award in Lieu of Homestead?” Washington State Appeals case.

Do you know what an “award in lieu of Homestead” is?    Do you know what homestead rights you have in West Palm Beach? What is a petition for an award in lieu of homestead and when should you file one? Check out what happened in a recent case out of Washington State.

Award in Lieu of Homestead

• A lot of States, Florida included offers a constitutional homestead protection for people to be protected from creditors.
• Have you filed to get your homestead rights?
• In certain states awards in lieu of homestead are favored by law even though they may disturb a testator’s estate plan.
• Do you know why?
• Does Florida have a statute that allows for an award in lieu of homestead?
• How can you be sure which is better for you ?
• Did you know that you can waive your rights to these protections in a premarital or prenuptial agreement?

In re Estate of Hannah

• The Court of Appeals in Washington handles all sorts of probate and other appeals for and around Washington State.
• The Court recently dealt with a probate appeal in the June 8, 2015 case of In re Estate of Hannah.
• A couple had been married for over thirty years and the husband died testate (with a will) in 2012.
• The court admitted his will to probate and appointed a personal representative.
• The wife appealed a dismissal of her petition for an award in lieu of homestead.
• On appeal the court noted two important things.
• First the wife had filed a timely petition for an award in lieu of homestead and served thepersonal representative of the estate and second that there had been no showing of prejudice.
• Ironically this all arose out of the fact that the woman had filed at the clerk’s direction the paper in the wrong court.
• Would she have had a claim for damages against the clerk if that appeal had not been successful?

Want to learn even more?

Check out the entire case here.