Another homestead exemption question
Posted: Sat May 05, 2012 2:38 pm
I am not very experienced in BestCase/exemptions because they only come up
during liquidation analysis for Chapter 11's. Disclaimer aside,
704.710(b)(2)(D) seems to cover you.
BestCase is giving you the example underlined under (A), I also underlined
(D) to make it easier to see.
(b) "Family unit" means any of the following:
(1) The judgment debtor and the judgment debtor's spouse if the
spouses reside together in the homestead.
(2) The judgment debtor and at least one of the following persons
who the judgment debtor cares for or maintains in the homestead:
(A) The minor child or minor grandchild of the judgment debtor or
the judgment debtor's spouse or the minor child or grandchild of a
deceased spouse or former spouse.
(B) The minor brother or sister of the judgment debtor or judgment
debtor's spouse or the minor child of a deceased brother or sister
of either spouse.
(C) The father, mother, grandfather, or grandmother of the
judgment debtor or the judgment debtor's spouse or the father,
mother, grandfather, or grandmother of a deceased spouse.
(D) An unmarried relative described in this paragraph who has
attained the age of majority and is unable to take care of or support
himself or herself.
(3) The judgment debtor's spouse and at least one of the persons
listed in paragraph (2) who the judgment debtor's spouse cares for or
maintains in the homestead.
Sincerely,
Michael Avanesian Esq.
michael@avanesianlaw.com
818-817-1725
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