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My mother in law is deceased and has a homestead home in belle glade Florida. We providing documents to probate court and were notified that the Will (signed in 1994) was not self proving. Also that the proof of asset must be dated AFTER the date of death. For the second item (proof of asset) is a full appraisal required even though it is a homestead property? And how do I rectify the Will issue?
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Trusts and Estates Attorney serving Jacksonville Beach, FL
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Dear Amy,
I'm sorry to hear about the loss of your mother-in-law. I would suggest speaking with a probate attorney to find out the next best steps as soon as possible. Generally speaking, if there is no Self-Proving Affidavit, then the will must meet the other recognized formalities of will execution (two witnesses, etc.).
The home, although, a homestead, may also be subject to a lien. Homestead doesn't protect the owner from all types of liens, such as mortgages on the property or those for property tax. There will also be general questions about the estate. Again, I would suggest speaking with a probate attorney and discussing the particular facts of your situation as quickly as possible.
Best of luck to you!
Answered on Dec 16th, 2020 at 9:34 AM