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Will Save Our Homes Property tax exemption in Florida remain intact during sale of the property and closure of the estate.

Melbourne, FL |

Will Save Our Homes Property tax exemption in Florida remain intact during sale of the property and closure of the estate.

Attorney Answers 2

Posted

Save our homes applies only to the person or persons that own and live in a home. The protection is usually lost on the death of the owner unless there is a spouse or minor child. Even though it is lost at death, no additional payment is required until the next year's taxes are due.

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Posted

Thanks April. As the named executor and power of attorney holder of the deceased can I sell the property(sign closing papers) before the probate case number is even started? The will says to sell the house and divide money not to leave the house to any heirs.

April Denise Hill

April Denise Hill

Posted

Reply to: Comment: Thanks April. As the named executor and power of attorney holder of the deceased can I sell the property(sign closing papers) before the probate case number is even started? The will says to sell the house and divide money not to leave the house to any heirs. Even though the will tells you to sell the house, you first need the authority from the court. When a person is named personal representative in a will they have been "nominated." The next step, of opening the estate in the court, is where you will actually be appointed. One does not have authority to handle any asset in the estate until they have actually been appointed by the court. April D. Hill,Esq., Board Certified Elder Law Attorney Hill Law Group, PA St. Petersburg, Florida Toll Free: 866-265-8100 ~ 727-343-8959 ~ Fax 727-384-2437 ADH@HillLawGroup.com * www.HillLawGroup.com Serving the legal needs of the elderly and their loved ones in areas of Medicaid Asset Protection, Elder Law, Estate Planning, Guardianship & Probate. *If you have an urgent communication or if you have not heard from our office in response to your e-mail, telephone the phone number above. DO NOT ASSUME THAT YOUR E-MAIL HAS BEEN RECEIVED BY US. CONFIDENTIALITY NOTICE: This E-Mail, including attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this communication in error, please do not distribute it. Please notify the sender by E- mail at the address shown and delete the original message. Thank you.

Posted

This is an interesting question. During the probate, if the property is still used by as homstead (i.e by the surviving spouse and/or childred), then yes SOH will apply. If the property is converted to non-homestead property (i.e. rented) and the probate remains open past January 1, then you may lose the SOH cap.
Sam J. Saad III

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