Legal Question in Wills and Trusts in Florida
Where to probate?
My parents are going through estate planning at the moment and I had a question about probating. If they choose to make wills (as opposed to a trust), where does probate need to be initiated? They spend half of the year in MD where they vote and pay taxes, but they don't own any property there. They do own a house in FL, also where their cars are titled. From everything I've found, these are the most important things to look at when it comes to figuring out ''domicile,'' but I can't figure out which one would be better.
1 Answer from Attorneys
Re: Where to probate?
Since real property must be probated in the State where it is located, Florida probate would be necessary. As such, it would involve an unneeded expense and bother to also probate in Maryland. So, when the information for the death certificate is given to the funeral home after their deaths, it would be wise to indicate that they were residents of the county in Florida where their home is. Also, although I do not know about Maryland without checking, but I do know that Florida has no estate or inheritance tax.
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