Legal Question in Wills and Trusts in Florida
i devise my homestead property to my daughter property passing under this section shall pass subject to liens, taxes and all other encumbrances on the property. Does this mean that the homestead property is paid off before before I inherit it?
Asked on 12/16/11, 2:17 pm
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
No, you take it subject to all encumbrances. You can always reject it.
Answered on 12/16/11, 2:28 pm
Not unless there is a probate proceeding, and the Will calls for it as part of a bequest (assuming there are enough assets to pay the debt).
Answered on 12/16/11, 2:33 pm
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