Homestead Exemption With Trust In Cook
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In brief, Florida case law and opinions issued by the Florida Attorney General recognize that Trust beneficiaries can maintain their homestead exemption as long as they meet certain requirements, even though the Florida Constitution does not explicitly address homestead protection for properties held in Trust.
There is a new provision that now makes a Trust & Will Trust a qualifying Trust for Texas homestead purposes. This allows estate planners to preserve this important exemption that can save them thousands of dollars on property taxes and remove their primary residence from the probate process.
General Homestead Exemption (GHE) (35 ILCS 200/15-175) The amount of exemption is the increase in the current year's equalized assessed value (EAV), above the 1977 EAV, up to a maximum of $10,000 in Cook County, $8,000 in counties contiguous to Cook County, and $6,000 in all other counties.
The bank, on behalf of the trust beneficiary, could claim the exemption. A life beneficiary under a trust instrument is eligible for the exemption, if the beneficiary is occupying the dwelling on the lien date as his principal residence.
