Legal Question in Wills and Trusts in Florida

Re: exempt property

All of the property goes to the estate. Either the state law or the person's will determines what the surviving spouse will receive.

Re: exempt property

Since your question is general, we can provide only a general response. The "property" of a person at death may be included in his estate or may pass at death to another person. For example, real property held in joint tenacy (such as the property owned by married persons) will pass at death to the survivor. Life insurance benefits will pass to the named beneficiary on the policy. IRA's or pension benefits will pass on death to named beneficiaries. Property held in a living trust will be distributed according to the trust and will be exempt from probate. Other property will be included in the estate of the person and subject to probate law. You are advised to consult with a local attorney who can advise you regarding specific options related to your situation.