Do you have to wait untill the 3 months after the creditor notification to file Petition and Order Determining Protected Homestead or can you do it right after letters of administration are issued?

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Do you have to wait untill the 3 months after the creditor notification to file Petition and Order Determining Protected Homestead or can you do it right after letters of administration are issued?

Asked on February 18, 2013 under Estate Planning, Michigan

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

In Florida, the issue of protected homestead involves creditors.  If a home is not a constitutionally protected homestead, then creditors can take all or a part of that asset.  Therefore, they have a right to be heard on the petition to determine protected homestead.  That is why the petition exists.  While you could file the petition before the creditor period expires, it could not be decided without giving the creditors an opportunity to be heard.  I am not familiar with Michigan law on this issue.


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