Exempt Property Under the Florida Probate Code: 2009 Amendments to F.S. §732.402 and Statutory Exemptions

Legal firm and attorney names have been replaced for privacy. In Florida, there are laws that protect certain property from being taken by creditors after someone dies. The laws say that things like the home, furniture, and some cars can’t be taken by creditors to pay off debts. In 2009, the laws were changed to make it so more household items and cars are protected from creditors. The changes also made it so only two cars can be protected, and they have to be used regularly by the person who died or their family. These laws are meant to help the family keep some important things after a loved one passes away. In 2009, the law was changed to make it easier for college savings programs to be exempt from certain financial claims after someone passes away. This includes the Florida Prepaid College Program and other qualified tuition programs. There is also a general rule that exempts certain property from being claimed by creditors, like workers’ compensation benefits. This means that these types of property cannot be taken by creditors to pay off debts. Workers’ compensation benefits are exempt from being taken by creditors. Other exemptions include wages, life insurance, and certain types of savings accounts. However, exemptions don’t apply to debts for child or spousal support. If someone wants to claim exempt property, they have to file a petition within a certain time frame. Once exempt property is determined, the personal representative can release it to the rightful owner. In simple terms, the law in Florida allows certain property to be exempt from creditors’ claims after someone has passed away. This typically includes things like furniture, appliances, and a couple of cars, up to a certain value. If someone is entitled to this exempt property, they need to file a request with the court to make sure they can keep it. This law changed in 2009 to give more protection to the family of the deceased person. This list includes references to specific laws and court cases in Florida, along with a brief bio of Alex Cuello, a lawyer who specializes in probate and guardianship law. The bio also mentions his education and the Elder Law Section, which he is a part of.

Source: https://www.floridabar.org/the-florida-bar-journal/exempt-property-under-the-florida-probate-code-2009-amendments-to-f-s-732-402-and-statutory-exemptions/