Inherited homestead, probate real estate, estate law, attorney needed, martha bueno sells homes,

Probate Real Estate Specialist

Dedicated. Specialized. Expert. Committed


Not all probate estates are the same. State law can be confusing at best. By specializing in the unique area of probate real estate and working professionally Martha provides expertise, energy and efficiency to her probate clients that they can’t get anywhere else. Martha knows the probate process from start to finish and that sets her apart from 90% of real estate agents and the companies they work for.


What is Probate?

Probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries. The court decides whether or not a will is valid, helps to identify and inventory the estate’s assets, has the property in the estate appraised, sees to it that any debts or taxes owed by the estate are paid, and oversees the distribution of all remaining property as the will directs, or if there is no will, as state law directs.


What happens when there's no Will?

Someone who dies without a valid will is “intestate.” Even if the decedent dies intestate, the probate assets are almost never turned over to the state of Florida. The state will take the decedent’s assets only if the decedent had no heirs. The decedent’s “heirs” are those who are related to the decedent and described in the Florida statute governing distribution of the probate assets of a decedent who died intestate. If the decedent died intestate, the decedent’s probate assets will be distributed to the decedent’s heirs in the following order of priority. You may need help navigating this process, and Martha is here to help.


The distribution of the decedent’s probate estate under Florida’s intestate laws,  is subject to certain exceptions for homestead property and exempt personal property, and a statutory allowance to the surviving spouse and any descendants or ascendants whom the decedent supported. Assets subject to these exceptions will pass in a manner different from that described in the intestate laws. For example, if the decedent’s homestead property was titled in the decedent’s name alone, and if the decedent was survived by a spouse and descendants, the surviving spouse will have the use of the homestead property for his or her lifetime only (or a life estate), with the decedent’s descendants to receive the decedent’s homestead property only after the surviving spouse dies. The surviving spouse also, however, has the right to make a special election within six months of the decedent’s death to receive an undivided one-half interest in the homestead property in lieu of the life estate provided certain procedures are timely followed. The spouse’s right to homestead property does not take into consideration whether the surviving spouse has one or more living descendants who are not also a descendant of the decedent.


What's next?

First you need to contact an attorney and then you need to contact Martha if you want to sell.