CAN A PERSONAL REPRESENTATIVE TAKE POSSESSION OF PROTECTED HOMESTEAD PROPERTY

By: David M. Garten, Esq

CAN A PERSONAL REPRESENTATIVE TAKE POSSESSION OF PROTECTED                                                                     
HOMESTEAD PROPERTY?

Effective January 1, 2002, if  homestead  property is not occupied by a person who appears to have an interest in the property, the personal representative is authorized, but not required, to take possession of that property for the limited purpose of preserving, insuring, and protecting it for the person having an interest in the property, pending a determination of its homestead status.