William P. Schwarz's Answers

Is a beneficiary of a Florida will entitled to the proceeds from sale of the exempt homestead or pers. property items?

This answer is not intended to establish an attorney-client relationship. It should not be taken as legal advise, and an attorney should be consulted to carefully review the facts and apply applicable law. It depends on will provisions. If the homestead is devised to someone in the will, then they take the homestead property. To avoid creditors and liability for estate expenses, one would file in the probate case a petition to declare property as homestead. However, homestead rights to...

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Why does a will go to probate?

A will is probated when a person or persons who are to get property under it need to validate that the will was made in compliance with that state's laws and to have the Court allow the executor/personal representative to distribute the property or dispose of property that the deceased owned and distribute it to the people who are entitled to it. Said procedure allows creditors to make claims, people to contest the will, a Court to settle will ambiguities, and the estate to collect assets....