Legal Question in Wills and Trusts in Florida
Petition to Determine Homestead Status of Real Property
What does the following mean: Petitioner requests that an order be entered determining that the Property constituted the exempt homestead of the decedent, title to which, upon decedent's death, descended and the constitutional exemption from claims inured as set forth in paragraphy 5; directing the personal representative to surrender possession of the Property; and directing that the personal representative shall have no further responsibility with respect to the Property.
1 Answer from Attorneys
Re: Petition to Determine Homestead Status of Real Property
For a complete answer you should talk to the attorney who gave you that form. Simply, homestead property goes directly to the heirs and so when an Order determining homestead is signed by the judge, the property belongs to the heirs. It is not then a probate assets over which the personal representative has any power or control because is no longer an asset of the estate.
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