Legal Question in Wills and Trusts in Florida

I am old and sick, have home,which I would like to leave my children. My husband

before he died was 3 days in the hospital, I don't have the bill yet. I just came out from the hospital after surgery -12 days, now I have wound therapy, which will last 2+ month. We have medicare. How I can secure the house, so children will

have some money after my dead.

Asked on 12/18/12, 2:22 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Your home, assuming it is homestead and it sounds as if it is, will pass by operation of law to your heirs upon your death. It passes outside of any probate Estate, so it passes outside the reach of any creditors except for any mortgages or liens against it. You could prepare a will making it clear who you want to get the property.

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Answered on 12/18/12, 2:27 pm

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