The Second District Court of Appeals holds that renting rooms in a home does not destroy Constitutional protection from creditor claims. Anderson v. Letosky, - So.3d - (Fla. 2d DCA 2020), 2020 WL 2745559 Decedent died owning a four-bedroom home. At the time of his death, three of the bedrooms were rented to tenants and Decedent lived in the fourth bedroom. Decedent had $38,000 in judgment liens that a creditor was attempting to enforce against his estate. Decedent's son filed a petition with the probate court seeking judicial determination that Decedent's entire home was protected homestead and exempt from creditor claims. The creditor argued that 75% of the value of the home should not be protected so it could be used to pay the creditor. The trial court agreed with the creditor. The appellate court reversed and held that the entire house was protected homestead even though three rooms were [...]The post HOMESTEAD CREDITOR PROTECTION appeared first on Florida Probate Lawyer.
