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Roger, Attorney
Category: Bankruptcy Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My insurance did not cover my surgery based on preexisting

Resolved Question:

My insurance did not cover my surgery based on preexisting condition. my home is in my name and my sons who is a special needs young man. I am currently not working. My husband is a working RN full time and is "head od household", can the hospital attach a lien to my home or future inheritance? I live in florida
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 7 years ago.

Your home should not be in jeopardy. The Florida homestead exemption law offers virtually absolute protection from forced sale to meet the demands of creditors, except under three special circumstances. These are: (1) The State of Florida and its counties or municipalities, to collect past due property taxes; (2) Parties to whom the property was specifically pledged as credit for a mortgage; (3)Mechanics who are owed money for work performed in repairing or improving the property.


One unique feature of Florida's homestead exemption is that it attaches to proceeds from the sale of a home, if the homeowner intends to use those proceeds to establish a new Florida homestead within a reasonable time. Therefore, if the owner of a $1,000,000 home sells that home and puts the money in a bank account, that money is still protected by the homestead exemption, so long as the homeowner has a bona fide intent to use it to purchase another home in Florida entitled to the exemption within a reasonable period of time. This protection is lost if the funds are commingled with other funds not designated for such a purchase. Also, the protection only extends to the amount the owner intends to invest in a new homestead - if the owner of a $1,000,000 home sells that home, and makes clear his intent to purchase a $750,000 home, the remaining $250,000 will lose its protection.


As for an inheritance, it is considered income and can be attached by a creditor.

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