Who claims Homestead?

Hello. My grandmother may be nearing the end of her time here with us. After trips in and out of both hospitals and assisted living, she has wound up with my mother (who retains power of attorney, guardianship, and all that good stuff) for the time being while we determine where, if anywhere she should end up. Meanwhile, I have taken up residence at my grandmother's home. We recently received a renewal notice for Homestead Exemption and we aren't sure how to respond. Obvious solution would be to sign the house over to me, or perhaps joint ownership between my mother and I, but there is a problem. Some members of our family may see it as favortism towards me were this to happen. One member in particular already owns a house, as does my mother, so would homestead exemption still apply if I were to file and they appeared on the deed? Would my any party, excluding my mother, be able to take some legal action and force me out of the house, or force a sale? Is it considered unlawful for my grandmother to claim Homestead Exemption if she may or may not return to the house in the future, health pending? Is there some clause or exception that allows a family member (non-guardian, grandson in this case) to live in and take care of the house in her absence, while maintaing Homestead Exemption status? I know, a lot of questions, but I have no answers and am seeking guidance with this dilemna. Any and all help is appreciated. Thanks in advance.

Michael,

My prayers go out to your grandmother and your family. Regarding the HEX renewal noitce, nothing needs to be done to renew it. Most notifications state that fact. If the notice specificaaly states that it must be renewed each year regardless, do it. I would maintain the homestead in her name since you don't know what tomorrow holds. That is still her primary residence and in her mind, I am sure her intent to return is paramount. Abandonment of a homestead (legally) occurs only upon rental of the entire property or claiming a new homestead elsewhere. You may be right, another family member may eventually contest any will or persue a future ejectment suit, something to consider if your mother as Attorney-In-Fact, adds you to the Deed. Regarding the existing exemption, it does not matter who additionally appears on the deed now or in the future, as long as the owner (Grandmother) does not remove herself. Health, extended travel, etc., are not valid reasons to deny an existing HEX. There is no specific law that mentions a family member taking care of a property, and the exemption will stand, again, as long as it is the grandmother's primary residence. Unless she claims a primary residence at your mother's home, or elsewhere, and the entire property is not rented, the exemption still rests with her at the same address.

John

http://www.floridahomesteadservices.com