Legal Question in Wills and Trusts in Florida
mother's estate
mother was resident of maryland her estate included 2000 cash she owned property in florida under $75,000. she does not have any debt in florida or maryland. she was at my sisters in north carolina when she was admitted to hospital and does have medical bills in north carolina. does the property in florida get transferred to the parties listed in her will or will the property have to be sold to pay her medical bills in North Carolina?
2 Answers from Attorneys
Re: mother's estate
Assuming that the property was in her name only, under Florida law the property would be sold to first pay the bills of the estate. If the medical providers file a claim in the estate, they would be paid before there are distributions to the proplr listed in the will.
Re: mother's estate
It will require probate in Florida, and the creditors will have to be notified so they can file claims against the estate. The property would in all likelihood have to be sold if there are no other assets with to pay claims filed. Or, if you wait two years after her death, probate can usually proceed without worrying about the creditors.
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