Q: Mr. Thorgaard: Understood some things until Q of exempt and nonexempt property - that is when things became confusing.
It seems that the first $1000 of personal property is exempt? (The car is missing.) That said, auction value would seem to apply due to limited information from Police Dept list that they released-2 months later. I planned to file affidavit of heir-ship with supporting documentation; Police list, basic appraisal value of firearms by independent person, and a listing of personal effects that I would like. I can not travel to Florida again:$1200. What happens if the property exceeds the $1000 value by $200; would I be required to pay the indigent program back $200? Conversely, the firearms weren't used in a crime, but the Police Department seems to want to keep them for their own personal use. I don't know if there is something I need to file to address this. I was thrown off too by something called "Petition To Determine Exempt Property -doesn't look like that applies here? Also, I didn't know about the car being exempt (from $1000 limit?) Your one answer really helped. Many Thanks!
A:
Section 732.402 (referenced in the other statute I posted) is as follows:
"Exempt property.—
(1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated “exempt property.”
(2) Exempt property shall consist of:
(a) Household furniture, furnishings, and appliances in the decedent’s usual place of abode up to a net value of $20,000 as of the date of death.
(b) Two motor vehicles as defined in s. 316.003, which do not, individually as to either such motor vehicle, have a gross vehicle weight in excess of 15,000 pounds, held in the decedent’s name and regularly used by the decedent or members of the decedent’s immediate family as their personal motor vehicles." Thus there is no dollar limit on the value of the motor vehicle.
I don't know the rules of the indigent program you are referring to, but it looks like it helped you with the undertaker's expenses, and together about $1,000 was spent. I'm guessing that they aren't going to ask for it back if you are able to collect more than you figure. But the statute I quoted for you seems to suggest that you make some sort of showing to the court as to the value; thus the appraisal value.
If the car does show up, it would also be exempt; that's what I was suggesting.
If you get the judge to sign off on this (authorization, etc. as described in Florida Statute 735.301 (2)), send a certified copy to the police with a demand that they release them to you. And, of course, if and when the car is located the court order should be good to claim the car too. I've found that an effective way to get firearms across the country is to ask a local firearms dealer to arrange to send them to another firearms dealer near you. But that was some years ago; it may be different not. Alternatively, ask the dealer here if they would be interested in buying them; that might be easier.
Finally, in your earlier post you suggested that the judge will hold a telephonic appearance. Obviously that should eliminate the need to travel to Florida again.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.