Q: Can someone tell me if the homestead act stays in tact follwing a person's death?
My aunt recently died in an auto accident in Palm Beach County where it appears she was at fault. Another person was injured. She had no will and no immediate family so my sister and I are her closest relatives. We are considering whether or not to pursue the probate process. We anticipate that the other driver will sue her estate so if her house can be included in that, it is likely not worth the time and resources that we will spend.
A: You are wrong. The homestead is protected property in FL and is not subject to the claims of creditors. When your aunt died, he home passed to her heirs at law. Her insurance will take care of the accident. You need to go see an attorney swiftly.
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