Legal Question in Wills and Trusts in Florida

I am a littled concerned. My grandmother recently pasted and she left her assets and home to me. She did not have a will but she wrote out exactly how she wanted thing done and who she left her assets to... we are going through probate... We have started recieving letter about a loans that was not paid and hospital bills .. She did not have any money however I am worried about the house and these bills... What am suppose to do ....
Thankks Worried

Asked on 6/08/10, 1:52 pm

2 Answers from Attorneys

Richard Kaplan

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There are numerous issues you present, and without all of the facts necessary it is difficult to give a complete answer. Some of the concerns are:

First, how did your grandmother leave you the assets? Second, if she had a Will which was written out without witnesses and a proper execution, that is called a Holigraphic Will and is not valid in Florida. Next, if you are going through probate you should have retained an Attorney that should have given you this information which can better explain the situation. Finally, loans secured against assets can be superior to a beneficiary interest. Hospital bills and other loans/creditors may be paid through a probate procedure if the hospital or creditor files a claim with the estate. The estate must give specific notice to the hospital and other known or reasonably ascertainable creditors by certified letter.

All these issues should be referred to your attorney for further answers.

Answered on 6/08/10, 6:30 pm

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