Probate And Real Estate Attorneys In Stuart, Florida: Solving Inherited Property Issues
It is common for a home or other property to need to be addressed after a person dies. It is also common for children to be faced with selling a home when a parent needs to move into a nursing home or other residence. When these or other real estate situations arise, it is best to consult with an experienced lawyer before moving forward.
We at Bostwick & Fields PA in Stuart, Florida, have unique insight into these types of real estate cases as we are also highly skilled estate planning and probate lawyers. When talking with you, we can determine how best to protect you and your family members when selling a home. Our firm has handled a large number of senior-based real estate transactions for aging individuals and their family members who are tasked with completing the process.
Florida Homestead Protections In Probate
Florida homestead protections provide significant legal and financial advantages during probate, yet they are frequently misunderstood by families handling an estate. When a property qualifies as the decedent’s primary residence, homestead status can shield it from most unsecured creditor claims. This protection is often critical when the estate has outstanding debts, as it can preserve the family home for surviving spouses or heirs instead of forcing a sale.
Homestead status also affects how property passes after death. Rather than being treated like other probate assets, a homestead may transfer directly to heirs under Florida law, subject to constitutional restrictions. Because these rules are highly technical, families often benefit from seeking a formal determination from the probate court.
A Petition for Homestead Determination is the legal mechanism used to confirm that a property qualifies for these protections. Once granted, this petition clarifies ownership rights, resolves creditor questions and can significantly accelerate the transfer of title. Addressing homestead issues early in the probate process reduces uncertainty, minimizes disputes among heirs, and helps avoid costly delays that can stall refinancing or sale plans.
Challenges When Selling A Nursing Home Resident’s Property
Selling a home while the owner is living in a nursing facility presents unique legal and financial considerations. One of the most important is Medicaid eligibility. Florida follows a five-year look-back period, meaning Medicaid reviews asset transfers and sales made within five years of applying for benefits. An improperly timed sale can jeopardize eligibility or result in a penalty period that delays coverage.
Authority to complete the sale is another frequent concern. Adult children cannot automatically sign closing documents on a parent’s behalf. A valid durable power of attorney is required, and Florida law mandates that the document specifically grant authority over real estate transactions. The power of attorney must also remain effective despite the parent’s incapacity. If these requirements are not met, families may face guardianship proceedings.
Common Challenges In Probate Real Estate Sales
Probate real estate transactions often encounter obstacles that require careful legal handling, such as:
- Contested wills that delay the appointment of an authority
- Disputes among heirs over ownership shares or sale terms
- Title defects, liens or unresolved boundary issues
Addressing these challenges early helps preserve property value, prevents last-minute closing failures, and allows families to move forward with greater certainty and control.
Viewing Cases From Client And Realtor Perspectives
When dealing with real estate matters, we view the case from a multifaceted perspective. We look at the matter from our clients’ perspective, getting to know them and their goals, to ensure we are pursuing the appropriate resolutions. Our firm also views the case from a realtor’s perspective, providing clients with a straightforward assessment of what they can expect from the sale and if there are any issues that we believe may arise.
We also take great care in ensuring that the people who are signing the documents are in the right state of mind. This is essential in transactions involving seniors who may be suffering from a wide range of physical and mental conditions.
Consult With Our Real Estate And Probate Attorneys Today
Schedule a consultation to discuss probate and real estate matters, including probate property sales. Email us now or reach our firm by calling 772-600-4203. We offer reasonable rates and are a member of the AARP Legal Services Network.