In your memorandum you requested assistance in persuading the administrator of the
                  estate of Katrean N~ to refund from estate assets a Supplemental Security Income (SSI)
                  overpayment balance of $5,023.
               
               According to the file, the original overpayment was $10,333.10. At the time of the
                  death of Katrean N~, she had an ownership interest in residential (home) property.
                  Two (2) other individuals, Jessica S~ and Jessica's aunt, Oddie F~, also have an ownership
                  interest in the subject residential property. It is unclear from the file what relationship,
                  if any, existed between the deceased, Jessica S~, and Oddie F~. It is also unclear
                  whether any of the three (3) apparent owners of the subject property actually lived
                  on the property. Jessica S~ has stated she owns a one-third interest in the property.
                  The property has an approximate worth of $30,000 according to Jessica S~. There is
                  no deed or other documentary evidence in the file describing the nature of the legal
                  interest each of the alleged owners have in the property. According to an attorney
                  representing the deceased's estate, the deceased Katrean N~'s share of the residential
                  property is $10,000. According to an attorney representing the deceased's estate,
                  the deceased had no other assets except her ownership interest in the residential
                  property.
               
               In response to a letter from the Social Security Administration requesting refund
                  of the overpayment balance of $5,023, the attorney for the deceased's estate advised
                  that the property at issue was homestead property and was exempt from claims of all
                  creditors. Article 10 Section 4 of the Florida Constitution exempts a homestead from
                  forced sale and lien provided such homestead is owned by the head of a family. The
                  purpose of the homestead exemption is to protect the family home from forced sale
                  for debts of the owner and head of the family. Tullis v. Tullis, 360 So.2d 375 (1978). Specifically, the purpose of the homestead exemption is to
                  protect surviving family members. In re Noble's Estate, 73 So.2d 873 (1954). Homestead property is not chargeable with the decedent's debts
                  or with the costs of administration. Estate
                     of Murphy, 340 So.2d 107 (1976). Head of family status is satisfied if a person qualifies as
                  a tenant by the entirely, a spouse or a person legally or morally obligated to support
                  other family members. However, homestead property loses its character as exempt property
                  when the head of a family dies unless one of his heirs assumes the status of head
                  of the family and resides therein with other dependent family members. Wilson v. Florida National
                     Bank & Trust Co. at Miami, 64 So.2d 309 (1953).
               
               In the present action, the file is not sufficiently developed to determine whether
                  or not the deceased would qualify for the status of head of family. It is unclear
                  what the deceased's relationship was to the two (2) other apparent co-owners or any
                  other persons who may have been living in the residential property. Further, it is
                  not clear from the file whether co- owners or any other persons living on the subject
                  property were dependent on the deceased. If the deceased did not have the status of
                  a head of a family, the status of homestead died with the deceased, and there would
                  be no basis for the estate to assert a homestead exemption. Hospital
                     Affiliates of Florida, Inc. v. McElroy, 393 So.2d 25 (1981).
               
               According to Jessica S~, the subject property will be given to someone other than
                  Jessica or Oddie F~ once the property is released from probate. Since a gift of the
                  property is envisioned by Jessica and Oddie following probate, it does not appear
                  that the deceased has the status of head of a family and the homestead exemption would
                  not be applicable to her interest in the property.
               
               In order to determine whether a homestead exemption is applicable, the file should
                  be further developed to determine (1) the relationship between the deceased and the
                  other co-owners, (2) the nature of their ownership interests as reflected by the deed
                  conveying an ownership interest to them, and, (3) the extent to which any of the other
                  owners or other persons were living in the house and were dependent upon the deceased.
                  Given this information, a determination can be made as to the applicability of a homestead
                  exemption.
               
               If such development does not support a homestead exemption, this matter should be
                  considered for referral to the appropriate United States attorney for collection.
                  However, the file does not reflect that the usual letter to the personal representative
                  of the estate has been issued advising the personal representative of the personal
                  liability such person may incur for distributing estate property inconsistent with
                  31 U.S.C. ยง3713(b). It is recommended that such a letter be sent to the personal representative
                  if one has not been sent to date.