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In the petition of personal property without administration,

In the petition of...

In the petition of personal property without administration, there are areas to be filled out called "exempt property" and "non-exempt property". I can't figure what is exempt and what is non-exempt. The deceased had a reversible trust which included most of his property except checking and savings accounts, which listed him as the only owner. Can you explain?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't know what else to add.

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3/13/2018
legalgems
legalgems, Lawyer
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Exempt property is listed by statute here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.402.html

Basically that is property that creditors of the estate cannot access; further information here:

https://www.floridabar.org/news/tfb-journal/?durl=/DIVCOM/JN/jnjournal01.nsf/Articles/7CF83A29FD1C06C185257749007543B7

legalgems
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Customer reply replied 1 month ago
The deceased had no spouse nor children. His assets in the revocable trust are designated to be distributed to his siblings.
His property was homesteaded and included in the trust. How does that affect the information in the publications you mentioned in your previous transmission? I have printed and have read them. The exemptions he would not amount to the maximum value listed in the publications. He had a mobile home on a land that was homesteaded. How is that affected? Both were listed in the revocable trust.
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Case law indicates that homesteaded property held in a revocable trust still qualifies for the exemption:

Engelke v. Estate of Engelke, 921 So2d 693 (Fla. 4th DCA 2006).

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