Lins Law Group, P.A.
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January 2014 Archives

What property is exempt under Florida probate?

In Florida probate, certaim types of property are exempt and will be received by the survivng spouse, if there is one, and if there is no spouse, then by the decedent's children. However, steps must be taken to protect entitlement to exempt property.

In a Florida probate, what if the available assets are insufficient to pay all eight classes of claims?

The eight classes of obligations in a probate estate are paid, beginning with class 1 and proceeding downward . Each class must paid in full before proceeding to the next class. 

In Florida, what is the order of payment of claims against a probate estate?

When determining the order of payment, a Personal Representative of a Florida probate estate must look at eight classes of claims. Each class of claims is paid in descending order before progressing to the next class.

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