Legal Question in Wills and Trusts in Florida

Is real estate subject to probate in Florida? The property is homesteaded for tax purposes. It is also my only property and my residence.

Asked on 5/14/20, 8:54 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

If title is in your name individually and you live at the residence, it may still be subject to probate action if you die and have no spouse. Seek some guidance from a trust and estates attorney to make sure it will transfer as you wish.

Read more
Answered on 5/14/20, 9:00 am

As Attorney Stein suggests, it depends on the situation. Even if the residence is homesteaded and/or is held in title with a right of survivorship clause, it can still be subject to probate if the individuals on the right of survivorship or homestead are deceased at the time of your death or they disclaim the property. I strongly recommend consulting with an estate planning attorney. Many offer free initial consultations. I do not recommend trying to take care of it yourself since many individuals have inadvertently lost their homestead status when improperly naming their property in estate planning documents.

Read more
Answered on 5/15/20, 9:26 am

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida