What is the name of your state? Florida
My mother and father owned a condo as their Florida homestead. It was owned in their names (as fee simple) but not labelled as Joint Tenants w Right of Survivorship or as Tenants By The Entirety. My mother recently died, and her Will left her ownership interest in the residence to my father.
I cannot figure out if this condo homestead has to be put through probate. The Probate Office at Palm Beach County Courthouse said all homesteads have to go through probate.
But the Florida Bar Association, on their website, says "• real estate titled in the sole name of the decedent is a probate asset (unless it is homestead), but real estate held as joint tenants with rights of survivorship or as tenants by the entirety is not a probate asset;
• property owned by husband and wife as tenants by the entirety is not a probate asset on the death of the first spouse to die, but goes automatically to the surviving spouse."
To make matters worse, Florida Statute 731 on Probate says: "Protected homestead" ...on which at the death of the owner the exemption inures to the owner's surviving spouse or heirs under s. 4(b), Art. X of the State Constitution. For purposes of the code, real property owned as tenants by the entirety is NOT protected homestead"
So, does my parents' condo, held in fee simple, have to be put through probate or not? Many thanks for any advice you can provide me, other than "see a Florida lawyer".
My mother and father owned a condo as their Florida homestead. It was owned in their names (as fee simple) but not labelled as Joint Tenants w Right of Survivorship or as Tenants By The Entirety. My mother recently died, and her Will left her ownership interest in the residence to my father.
I cannot figure out if this condo homestead has to be put through probate. The Probate Office at Palm Beach County Courthouse said all homesteads have to go through probate.
But the Florida Bar Association, on their website, says "• real estate titled in the sole name of the decedent is a probate asset (unless it is homestead), but real estate held as joint tenants with rights of survivorship or as tenants by the entirety is not a probate asset;
• property owned by husband and wife as tenants by the entirety is not a probate asset on the death of the first spouse to die, but goes automatically to the surviving spouse."
To make matters worse, Florida Statute 731 on Probate says: "Protected homestead" ...on which at the death of the owner the exemption inures to the owner's surviving spouse or heirs under s. 4(b), Art. X of the State Constitution. For purposes of the code, real property owned as tenants by the entirety is NOT protected homestead"
So, does my parents' condo, held in fee simple, have to be put through probate or not? Many thanks for any advice you can provide me, other than "see a Florida lawyer".