Legal Question in Wills and Trusts in Florida
Under Florida law, does having a life estate in real property with remainder to another give Florida the right to require probate of the will of a some-time Florida - some-time Virginia resident?
2 Answers from Attorneys
Huh? The life estate ends with death. probate is for assets in the decedent's name at death. a life estate would not be included. a Florida probate is needed for Florida property no matter where the decedent lived at the time of death
Life estate will not be included in the probate as it will pass automatically to the remainder - who ever that is.
As to filing probate in one state or the other - if you hold property in Florida and you are claiming Florida as your primary home, then file in Florida and file an anciliary estate probate in Viriginia or vice versa.
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