Home -> Law Blog Directory -> Bankruptcy Blogs -> Florida Bankruptcy Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Bankruptcy
: Florida Bankruptcy LawCan Debtor Claim Homestead After Moving Into Assisted Living Facility?
By Jonathan Alper
Today, I responded to a caller who was considering filing Chapter 7 bankruptcy for his elderly parent. The parent owns a house in Florida free and clear of any mortgage debt. The parent suffers from dementia. The family moved the parent to an assisted living facility outside of Florida. The family rented the parent?s house with a one year lease. The caller states that the parent?s doctors believe the parent?s mental condition is actually improving with medication, and that the parent may be able to once again live independently in the Florida home. The caller wanted to know if the parent?s house would be protected in a Chapter 7 bankruptcy in Florida.
To protect a homestead in bankruptcy the debtor has to maintain the property as a primary residence. The debtor can be living elsewhere when he files if the debtor intends to return to the property and still considers the property to be his home. Whether an out-of-state debtor has the intent to retain a Florida property as their homestead is a case-by-case factual issue. In this case, the parent?s rental for a full year combined with the medical uncertainty would weigh against Florida residency and homestead protection. The parent may wish or hope to return to Florida, but it is unlikely the parent could show unequivocal plans to return at any particular time. The parent also would have a stronger case if the Florida house were rented monthly. To me, these facts suggest the parent left their home expecting to remain in assisted living and rented the property more to maximize income than to retain flexibility of personal use. I think the parent would lose the homestead fight.
posted by Jonathan Alper, bankruptcy and asset protection attorney, Orlando, Florida
Full post as published by Florida Bankruptcy Law on April 20, 2009 (boomark / email).
Living Wills and Powers of Attorney
Laws effecting the elderly
Ladder Accident Injury Claims
Were you or a loved one injured in a ladder accident?
Power of Attorney and Living Wills for the aged
Options for caring for aging parents
Grandparents Visitation Rights
Every state lets elderly grandparents petition to visit grandchildren
Adult Care
Friendship Care Assisted Living ordered to pay $20,000 fine for facility violations and negligence.
Nursing Facility Settles Suffocation Lawsuit for $190K
Nursing Facility Settles Suffocation Lawsuit for $190K
AIG Settles Injury Claim
for $18 Million
Chemical Companies
alleging danger to people living near the plants.
Failure-to-accommodate claim yields $1.82M award
$1.82 Million Awarded in Employment Lawsuit
John Vermillion and Associates LLC et al.
allegedly misrepresented themselves as qualified financial advisers to sell living trusts and exploit senior citizens.

Incidents of Abuse at Assisted Living Facilities on the Rise
Employees of assisted living facility arrested for elder abuse
Police raid assisted living facility www.privateofficer.com
CA sues to revoke assisted living facility license








