Florida "save our homes" law

[cvap]

In Florida is there any way to stop the Save Our Homes deduction from resetting when a deed changes hands between a Father and Son? The law says if the son is on the deed, lives at the location and is dependent on the Father at the time of his death, it does not reset. But what determines dependency? I meet all these criteria but am not disabled nor destitute. How can i make sure it will not reset? If it does I will have to sell the family home because the taxes will go from $3500 to $14500 regardless of homesteading.

 

[adjusterjack]

In Florida is there any way to stop the Save Our Homes deduction from resetting when a deed changes hands between a Father and Son? The law says if the son is on the deed, lives at the location and is dependent on the Father at the time of his death, it does not reset. But what determines dependency? I meet all these criteria but am not disabled nor destitute.

Looks like you are out of luck.

The Florida District Court of Appeals answered your question quite eloquently in Willens V. Garcia (2011):

https://scholar.google.com/scholar_case?case=2019689589535557306&q=193.155(3)(a)4+dependent&hl=en&as_sdt=4,10

"There must be, when adults claim such dependence, an actual inability to support themselves, and an actual dependence upon some one else for support, coupled with a reasonable expectation of support, or with some reasonable claim to support, from the deceased"

 

[cvap]

Looks like you are out of luck.

The Florida District Court of Appeals answered your question quite eloquently in Willens V. Garcia (2011):

https://scholar.google.com/scholar_case?case=2019689589535557306&q=193.155(3)(a)4+dependent&hl=en&as_sdt=4,10

Thank you Adjuster, I guess i am out of luck. You'd think with the high rate of turnovers because of second homes, etc. in South Florida, the appraisers, realtors and even residents would know this already.

 

[adjusterjack]

Appraisers and realtors and in the business of selling homes and will lie, cheat, and mislead to get the sale done so they can get paid.

Never rely on anything those people tell you without verifying it 6 ways from Tuesday.

 

[Zigner]

Both have a strict code of ethics that they are required to abide by.

 

[adjusterjack]

Both have a strict code of ethics that they are required to abide by.

 

[HRZ]

THe requirement is not that one must be destitute and disabled as a clear line in sand....if you have limited employment/ resources and are/were highly dependent upon parent to sustain your safe being ...you might want to rethink and most carefully word any required responses or applications IF you think you fit the requirements

Did dad claim you as his dependent for tax purposes ? ...

 

[cvap]

THe requirement is not that one must be destitute and disabled as a clear line in sand....if you have limited employment/ resources and are/were highly dependent upon parent to sustain your safe being ...you might want to rethink and most carefully word any required responses or applications IF you think you fit the requirements

Did dad claim you as his dependent for tax purposes ? ...

Thank you, I will and no he has not claimed me since the 60's