Legal Question in Wills and Trusts in Florida

Re: probating an estate

Go to the Registry of Deeds and check the title. Did your father deed the property over to your sister prior to his death or was it jointly owned? If the answer to either question is "yes," then it's out of the estate unless you can prove that your sister received it as a result of fraud or undue influence.

If the answer is "no," then check the will. If the house was left to her, see whether the will exempted the house as a source of funds to settle debts. Otherwise, your sister is probably obligated to buy it from the estate if she wants to keep it and her share of the estate will be proportionately reduced to settle the debts.

As always, check with a LOCAL probate attorney concerning your rights and local law.

Re: probating an estate

I would assume the house is homestead property of your fatehr and as such is free from the claims of creditors. It should not then be sold to pay creditors of the estate. Homestead property is technically not a probate asset. Still, if it was titled in your father's name it will pass to the heirs under the will or by statute. Of course, if your father had transferred title to your sister prior to his death you are facing another issue here.

Re: probating an estate

Unless the house was owned by them jointly, it is part of his estate.