Legal Question in Wills and Trusts in Florida

Hello,

I am a little concerned. My grandmother recently pasted and she did not have a legal will.However she wrote it out on her note pad and signed it as to how and to whom she would like to have her asset dispirsed to. I dont know how this would stand legally, which is why I am seeking advise. She wrote that she was leaving the home to me as well as all her personal belonging to me to dispirse as I would like. However, I am concerned because she did not do a real will one and to although she left the house, there was no money left and I am now getting bills saying that she did not pay on a loan that she took ou for her deceased son who was married at the time the loan wastaken out. Am I now responsible for that because everything was left to me. Please help me to understand where I stand.

Thanks

red to Hoeft her assets and home to me. She did not have a will but she wrote out exactly how she wanted thing done and whom om she left her assets to... we are going through probate... We have started receiving letter about a loans that was not paid and hospital bills... She did not have any money however; I am worried about the house and these bills... What am I suppose to do....

Thanks Worried


Asked on 6/09/10, 2:21 pm

1 Answer from Attorneys
Richard Kaplan

First, it appears she made what is called a Holgraphic Will. Unfortunately those Wills are not valid in Florida. Therefore her estate would pass by Intestate Succession because she did not leave a valid Will. This means, assuming she is not survived by a spouse, everything equally among her children. To the extent a child predeceased her, but left issue, then that share would go to her child's issue (issue is lineal descendents like you, i.e., grandchildren).

Second, you are not liable for your grandmother's debts. Her assets may be, and to the extent you inherit them, you could become so to the value of those assets. However see below.

Finally, the house may be your grandmother's homestead. If so, if a family member inherits the realty, creditor claims would not attached, except for property taxes, income taxes, secured mortgages, and construction liens (if properly attached). Hospital liens, credit cards, etc, do not attach to homestead.

Hope this helps. There is a lot more there, but this covers the basics.

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Answered on 6/09/10, 6:34 pm


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