General Question

eren's avatar

If a single mom dies and leaves a minor child, can her hoestead remain titled to the trust?

Asked by eren (4points) 2 weeks ago

My daughter passed away and left a minor child whose father preceded her in death. She left a homestead that was transferred to her son. It was titled to her living trust. The attorney in charge of the guardianship and probate petitioned the court and it was approved that florida law transfer ownership of the homestead to the child and it must be taken out of the trust and handeded over to the cu

My daughter was a single mom and had a minor child whose father had preceded her in death. She left her homestead, titled to her living trust, to her son. The attorney handling the guardianship said that in Florida, the homestead could not stay titled to the trust and he petitioned the court to have the property removed from the trust and delivered to her son immediately. Is he right?

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2 Answers

Patty_Melt's avatar

That is probate law, which is very confusing even to the lawyers trained in the field sometimes.

Probate law varies from state to state.
Probate law includes endless subsets.
Probate laws change, and often people don’t know about the changes until too late.
Sometimes aspects of probate laws are subject to interpretation.

You have to go with the legal experts on this question.
It might be a good idea to get a second opinion on this one.

KNOWITALL's avatar

We would have no idea without knowing how the trust is set up. Get a copy from public file and a second opinion.
Are you contesting the guardianship of the child or the real estate transaction? What is your concern or interest?

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