Legal Question in Wills and Trusts in Florida
Homestead
My moms will left her home to myself and my older brother. Her attorney said that her bank accounts and such are part of her estate and that my brother(named executor) will have access in a few weeks. He said that her home is a homestead and outside the will. The our third brother is a party to the will as well as 6 grandchildren. Is this correct? And what problems could it cause?
1 Answer from Attorneys
Re: Homestead
I am not sure I understand your question, however, the important thing to remember here is that your mother had a Will. Who ever your mother states as a beneficiary, will be part of the probate. The home is part of the probate but is considered homestead and will not be used to satisfy creditors. The money in your mother's account is part of the probate and at the proper time it should be distributed to those named in the Will. The executor does have access but the funds are to be used only for estate purposes.
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