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.