How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Legal Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

Can a correctional inmate in the state of Florida file

Customer Question

Can a correctional inmate in the state of Florida file homestead exemptions a home that he owns 50% of? His mother died July 2015 which in turn left the home to her daugter whom own a home in the state of Florida and has filed homestead exempt status on her home. And her son whom is a Florida inmate.
Submitted: 25 days ago.
Category: Legal
Expert:  ScottyMacEsq replied 25 days ago.

Thank you for using JustAnswer.

IF the property was his residence (and continues to be his permanent residence) prior to incarceration, then he could. But actual residence at the time of applying for the exemption is required. Ultimately, all that is required to make the claim is that the property owner reside on the property and in good faith make the same his permanent home. Colwell, 226 B.R. at 719; see also Judd v. Schooley, 158 So.2d 514, 516 (Fla. 1963).

1. In order to meet the qualification deadline for the exemption you must be a Florida resident and own and occupy the property as your permanent residence on January 1st of the year you claim the exemption. You may also qualify for the exemption if you have a beneficial interest in the property under a 98 year lease or a life estate.

2. In order to meet the application deadline you must apply by March 1st of the year for which you are claiming the exemption.

So it sounds like he couldn't file for this year, nor next year if he's still incarcerated as of January 1. He actually has to reside at the property at the time of the application. But once he does, he can file for homestead exemptions, even though he's a partial owner. Partial ownership won't change that fact. Also, the fact that he's "involuntarily absent" from the property (incarcerated) doesn't mean he couldn't have those exemptions if he otherwise qualified. That is, if he had those exemptions and THEN went to prison, they'd still be there. But to get the exemptions in the first place, he has to actually reside at the property.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 25 days ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 24 days ago.

Hello?

Expert:  ScottyMacEsq replied 23 days ago.

I see that you still have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 22 days ago.

Did you have any other questions before you rate this answer?