Q: Explain "any person entitled to exempt property is required to a file a petition for determination of exempt property
My mother had property that was going to be auctioned off in 2021. She did a quit deed to me. She died in 2023. This property should not be part of the estate. Wondering if I have to declare this in any way. Is this exempt property?
A:
You really need to work with and speak with a Florida Probate Attorney, but generally, the laws related to exempt property you can find in Florida Statute 732.402 (in part below):
(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.
I will further note, only assets in the name of the deceased alone will need to be probated, so a property that was transferred previously and prior to death via a deed, would not be part of probate and it is not part of exempt property.
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