Homestead Probate Lawyer St. Petersburg
Unsure what Florida homestead law means for the family home?
Speak Directly With Matt Weidner Today for a free same-day evaluation of the home's homestead status
- Talk through the home with Matt Weidner, a lawyer for 25+ years
- We'll look at whether the home may qualify as protected homestead
- We'll explain what a surviving spouse or minor child changes
- We'll separate the tax exemption from homestead rules in probate
- We'll map the path to a court order on homestead status
- 100% free guidance, with no pressure and no commitment
Free reviews are offered at our discretion and are not guaranteed, and a personal review by Matt Weidner, including same-day timing, is subject to case type and availability.
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Highly Rated
Why Choose Us?
If a parent or spouse has died and the family is unsure what happens to the St. Petersburg house, start with the homestead question. When the owner left a spouse or a minor child, Florida homestead law can override what the will says about the home, and whether the house counts as protected homestead in probate also affects creditor claims and how title passes. Getting that answer before anyone lists the house or moves out keeps the family from acting on a guess.
Matt Weidner has practiced law in Florida for over 25 years, and he often works with families directly, so you talk the home through with an experienced lawyer, not a junior staff member. We help you understand where the property stands, who has a say in it and what the court needs to see, so decisions about the house start from an accurate picture.
Start with a free homestead evaluation with Matt today.
How It Works
1
get your free same-day evaluation and action plan
Submit the form above or give us a call to get started. People find our free evaluations and action plans extremely valuable.
2
discuss your options With Matt so you know exactly how to proceed
Matt will go over all of your options with you so that you know exactly what to do. No more confusion!
3
Get More Homestead Probate Help If Needed
Some homes need a homestead court order or ongoing probate work. Matt has over 25 years of experience, and we can map it out after your evaluation.
Free evaluations and action plans are offered at our discretion, depend on case type and availability, and are not guaranteed, including a personal review by Matt Weidner. Submitting a form or contacting the firm does not create an attorney-client relationship or guarantee any outcome.
Meet Matt Weidner and the Weidner Law Team
Matt Weidner earned his law degree at Florida State University College of Law and has been licensed in Florida since 1999, practicing from Weidner Law’s St. Petersburg office. His practice includes probate and estate planning as well as real estate litigation, and he is listed in The Best Lawyers in America for Litigation – Real Estate. That mix fits homestead cases, where constitutional protections, family rights and property title all meet in one house. After the 2008 financial crisis, Matt represented hundreds of Florida homeowners facing foreclosure.
At Weidner Law, Matt works alongside associate attorney Jason M. Kral, whose practice includes estate planning and real estate litigation. With Matt leading the homestead work, St. Petersburg families get straight answers about the home, from the first look at the deed and the will to the filings that settle its homestead status.
Our Homestead Probate Services
Homestead questions rarely stand alone. The status of the house shapes the will, the probate case, creditor claims and any sale, so our homestead services fit inside the wider probate and estate work Weidner Law handles for St. Petersburg families.
- Petitions to determine homestead status
- Surviving spouse homestead rights
- Wills that conflict with homestead rules
- Creditor protection for the homestead
- Selling a homestead after death
- Homestead disputes among heirs
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Who we Help
The people who call us about a homestead are usually the ones closest to the house: the spouse still living there, the children who grew up in it and the person named to settle the estate. If you are wondering who the home belongs to now, we can help.
- Surviving spouses in the home
- Adult children of the owner
- Parents of a minor heir
- Personal representatives
- Beneficiaries promised the house
- Families hoping to sell the home
Frequently Asked Questions
Protected homestead is a Florida home whose constitutional protection from forced sale passes to the owner’s surviving spouse or heirs at death. In probate, that status can affect who receives the house and whether creditors can reach it. We can review whether your loved one’s home may qualify.
Not always. If the owner was survived by a spouse or a minor child, the Florida Constitution restricts who the homestead can be left to, though it may go to the spouse when there is no minor child. Bring the will to your free evaluation and we will go over it.
No. The property tax exemption is handled by the Pinellas County Property Appraiser, while protected homestead status in probate is a separate question for the probate court. The Property Appraiser asks to be told when the sole owner of a homestead-exempt property dies, and we can help you handle both.
Nothing. Your first homestead evaluation is free and carries no obligation to hire us. Call (727) 954-8752 or use the form, and bring the deed, the will and any court papers you have so Matt can go over them with you, subject to case type and availability.
Reviews
Why choose Weidner Law as your homestead probate lawyer
Weidner Law helps St. Petersburg families answer the question at the center of many Florida estates: is the house protected homestead, and if so, who does it belong to now? Under the Florida Probate Rules, an interested person can ask the court to determine the protected homestead status of real property. The court’s order describes the property, decides whether it is protected homestead and names the people entitled to it, with each person’s interest. We prepare that petition with the facts the rule requires, including the decedent’s domicile, the surviving spouse and any minor children, and how the property was titled.
Matt Weidner is admitted to all Florida state courts, so if the petition draws an objection or needs a hearing, the lawyer who first reviewed the home can stay on it. Because his practice also includes real estate litigation, title questions are part of the review from the first meeting rather than something left for later. You get one lawyer reading the deed, the will and the family facts together and explaining each step in plain terms.
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How Weidner Law helps spouses and heirs with homestead rights
Weidner Law guides surviving spouses and heirs through the part of Florida homestead law that decides who holds the home. When a Florida homeowner dies leaving a spouse and descendants, and the homestead was not validly left by will, Florida law generally gives the surviving spouse a life estate in the home, with the remainder going to the descendants. The spouse may instead elect to take an undivided one-half interest as a tenant in common, but that choice has a deadline and cannot be undone once it is made.
Those rules shape real decisions: who lives in the house, who pays to keep it up and whether it can be sold. We walk spouses, adult children and other heirs through how the rules apply to their family before the window to act closes. When relatives disagree about the home, Matt’s litigation background lets us take on the dispute directly, with the goal of a clear, documented answer the family can rely on.
Homestead probate lawyer in St. Petersburg, Pinellas County
For a St. Petersburg home, the homestead question starts with where the house sits. Because St. Petersburg is a municipality, the Florida Constitution protects a homestead inside the city up to one-half acre of contiguous land, so a larger parcel needs a closer look. Weidner Law handles these questions from our office at 856 2nd Ave N, and Pinellas County probate matters are heard in the Sixth Judicial Circuit, which has a probate section at 545 First Avenue North downtown.
A local lawyer helps when the answer has to hold up in court and on the title. Matt often works with families directly, so a spouse or heir can sit down with an experienced St. Petersburg lawyer, go over the home’s history and the family’s situation, and see what the Pinellas County court will need before anything is filed or sold. That first homestead evaluation is free.
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