Living Trust in Florida

[nanadonnaq]

We have established a Living Trust in the state of Florida. The only asset in the
trust at this time is the land on which my manufactured home sits.

I have a homestead on my real property. My manufactured home is not listed
as an asset in the trust. The deed to the land is.

What will happen in a Chapter 7 filing to the land

Can anyone help answer this

[AngelinaCat]

Is this piece of land, what you are living on and have homesteaded?

[nanadonnaq]

Is this piece of land, what you are living on and have homesteaded?

yes: we have a $50,000 homestead on our manufactured home which is on the land
that is listed in the trust however the home itself is not listed in the trust.

Our lawyer has told us that the Trustee will go after the land and we would be
better off filing for a Chapter 13 rather that a Chapter 7

[AngelinaCatHub]

yes: we have a $50,000 homestead on our manufactured home which is on the land
that is listed in the trust however the home itself is not listed in the trust.

Our lawyer has told us that the Trustee will go after the land and we would be
better off filing for a Chapter 13 rather that a Chapter 7

Not being a lawyer, I strongly disagree with the lawyer.

In FL you have a green card that you get yearly after filing your homestead exemption. It is real estate and on real estate, all "improvements" are included. Unless you purchase a road tag for the mobile home, you have a RP tag or the mobile home is part of the real estate called "improvements".

From what I see, a living Trust is fairly useless as it is revocable. Whether the land or the mobile home is in the Trust, it is homesteaded and nomatter HOW MUCH your place is worth, cannot be taken away from you in FL as long as it is your primary home and is homesteaded. I hope I am clear on this.;

In FL, up to I think 5 acres and out of a town up to 160 acres are non touchable and your lawyer should know this. Google FL exemptions in bk. It is clear as glass. 'Hub