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Executor Claims Home Not part of Estate

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Mr_Pat

Junior Member
What is the name of your state? florida

Hello, I had a Aunt died in FL. Her sister is appointed executive of the estate. In the will Article III state the condo is left to her sister (who is executor). Article V states "all of the rest and residue of my estate, whether real, personal or mixed, wherever situated, which I have or may acquire, in shares of equal value, to".are left to a few people listed..... so far so good.

But then I just received a breakdown:
Assets

Bank CD 1,000
Money Market 9,000.00
Edward Jones acct 11,000
Money Market 5,000
Interest 1.20
Checking acct. 647.01
Total 26,500

Expenses
Nov. elec bill 190
Lawyer's fee 1200
Discover Card 12
1 Funeral Home 4,700
2 Funeral Home 4,300
MasterCard 55
Total 10,500



26,500
-10,500

Total to be disbursed 15,000


I noticed that the condo is not included in the break down. The exactor claims:

the money she had in the bank passed directly to me because my name was on all her bank accounts & her CD. Legally I can do whatever I want with her money. I choose to distribute it

&

Her condo came to me in her will. According to Florida law, the condo is homesteaded and is free and clear of all her debts, so that's why it wasn't listed as part of her assets. The condo is outside of probate.


My feeling is that the expenses can't be only allocated to the cash, but must be allocated to all assets (condo and cash). The Will also states that the estate is responsible for paying all the expenses.


Thanks!
Mr_Pat
 
Last edited:



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