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”26 likewise, within a More moderen case, lots which had in no way been lived on was located ineligible for homestead protection. In In re Estate of Ritter, 407 So. second 386 (Fla. 3d DCA 1981), a vacant good deal owned via the debtor and adjoining his homestead was found never to be Component of the debtor’s homestead residence. The court reasoned “[the great deal] at no time had any buildings or improvements built on it which served the home. . . and was under no circumstances jointly fenced in Using the [residence]. It was merely a individual, empty great deal which served, at most effective, being an surplus facet lawn to your aforementioned residence.”27
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Vol. 77, No. one January 2003 Pg sixty Barry A. Nelson and Kevin E. Packman authentic home, Probate and have faith in legislation In latest posts talking about high-profile corporate malfeasance and accounting scandals, the use of Florida’s unlimited homestead exemption in order to avoid creditors’ promises has long been famous with worry.1 frequently referring to it for a lawful loophole, detractors of your limitless homestead exemption point out which the exemption permits debtors to divert substantial belongings to the acquisition of recent and extravagant homes that could be shielded from creditors less than Florida’s state constitution.
Geller inevitably released a reform bill that died in committee. But two years later, the legislature did quietly move a modify on the the greenbelt law: They manufactured it simpler to assert the exemption regardless of whether your land was almost certainly as well smaller for commercial farming.
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