Legal Question in Wills and Trusts in Florida
My father had a Revocable trust & lived in Florida. He did not change it. He passed in '96. I had rec'd a 'Petition to Determine Homestead Real Property' 2 mths later. It says "This documfent requests the court to enter an order stating that the property should belong to Mrs. XXX for her life and to you and your brothers after her death and not to the trust pursuant to Florida law." The legal admin that asked me to sign it back then said it does not change anything, just makes it so it does not go thru probate. However, can my mother then will the homestead to whomever she pleases since we all signed the document?
Asked on 7/24/09, 3:56 pm
1 Answer from Attorneys
Frank J. Pyle
Probate Attorney Throughout Florida
No, she only owns the right to use the home for her lifetime.
Answered on 7/27/09, 8:50 am
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