Off-Topic Question about Florida Homestead Exemption..

[MedleyCane]

Sorry for boring post...
So I have a relative in south Florida whose Mom has a house she had
been living in for 40plus years.
Her health caught up to her last year so the daughters put her in ALF not
too far from her house.
The house remains under her name and the daughters have assumed paying
their Mom's bills, including upkeep of property, utilities, etc (from Mom's
bank accounts).
However, they just received a letter from the county asking to fill out a Homestead
Questionnaire.
Some folks have advised the sisters their Mom is no longer eligible for
the existing exemption because she is at an ALF.
But she still owns the property, no one else lives or rents at property, and
the daughter told me the property is established in a Family Trust the Mom
and her late husband (who passed away last year) established several years
ago.
Is she still entitled to the exemption?
I ask because I found the following when I Googled this topic.
"Can a Living Trust Qualify For Florida Homestead Exemption?
You can qualify for the Florida homestead exemption when your home is
owned by a living trust.".

Anyways, appreciate any input.

 

[Handsome Squidbum]

Sorry for boring post...
So I have a relative in south Florida whose Mom has a house she had
been living in for 40plus years.
Her health caught up to her last year so the daughters put her in ALF not
too far from her house.
The house remains under her name and the daughters have assumed paying
their Mom's bills, including upkeep of property, utilities, etc (from Mom's
bank accounts).
However, they just received a letter from the county asking to fill out a Homestead
Questionnaire.
Some folks have advised the sisters their Mom is no longer eligible for
the existing exemption because she is at an ALF.
But she still owns the property, no one else lives or rents at property, and
the daughter told me the property is established in a Family Trust the Mom
and her late husband (who passed away last year) established several years
ago.
Is she still entitled to the exemption?
I ask because I found the following when I Googled this topic.
"Can a Living Trust Qualify For Florida Homestead Exemption?
You can qualify for the Florida homestead exemption when your home is
owned by a living trust.".

Anyways, appreciate any input.

Probably yes, but it depends on how the trust is written. Trust should be specific that mom is keeping the house as her primary residence. Then send a copy of deed and the trust and an explanation that mom intends to continue living in the house to the property appraiser. If she is in assisted living, then she should definitely write out that she intends to return to the primary residence. Doesn't have to be a firm date of return, just an aspiration to go home if her condition improves and she no longer needs assistance. Could the state deny the exemption even if she declares an intent to return because it thinks she is permanently staying in assisted living? Maybe, but I seriously doubt the state is going to care that much.

Just to be in the safe side though, I'd advise mom to check with the elder law or trust /estates attorney who created the trust to make sure it addresses the homestead exemption. It might cost a little but it will be a lot cheaper than finding out the trust didn't say the house was the primary residence and she doesn't get the exemption.

 

[MedleyCane]

Probably yes, but it depends on how the trust is written. Trust should be specific that mom is keeping the house as her primary residence. Then send a copy of deed and the trust and an explanation that mom intends to continue living in the house to the property appraiser. If she is in assisted living, then she should definitely write out that she intends to return to the primary residence. Doesn't have to be a firm date of return, just an aspiration to go home if her condition improves and she no longer needs assistance. Could the state deny the exemption even if she declares an intent to return because it thinks she is permanently staying in assisted living? Maybe, but I seriously doubt the state is going to care that much.

Just to be in the safe side though, I'd advise mom to check with the elder law or trust /estates attorney who created the trust to make sure it addresses the homestead exemption. It might cost a little but it will be a lot cheaper than finding out the trust didn't say the house was the primary residence and she doesn't get the exemption.

Thanks!
I'll pass on to the sisters!

 

[SWFLHurricane]

Probably yes, but it depends on how the trust is written. Trust should be specific that mom is keeping the house as her primary residence. Then send a copy of deed and the trust and an explanation that mom intends to continue living in the house to the property appraiser. If she is in assisted living, then she should definitely write out that she intends to return to the primary residence. Doesn't have to be a firm date of return, just an aspiration to go home if her condition improves and she no longer needs assistance. Could the state deny the exemption even if she declares an intent to return because it thinks she is permanently staying in assisted living? Maybe, but I seriously doubt the state is going to care that much.

Just to be in the safe side though, I'd advise mom to check with the elder law or trust /estates attorney who created the trust to make sure it addresses the homestead exemption. It might cost a little but it will be a lot cheaper than finding out the trust didn't say the house was the primary residence and she doesn't get the exemption.

This....