If a Beneficiary in will has liens on their own property, will the inheritence go to paying off the liens?

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There are 3 people named in the will. One person has bad debts and liens on their property. I have been told that the inheritence would pay the liens on this person's property first, and then the remainder of the inheritence would be devided up. This all takes place in Florida and apparently Florida law says that the inheritence must pay off the liens first and then the remainder would be devided, so basically we would be paying for this other person's bills. Is this correct?

Attorney Answers

3
Lee Carr ·
No. During the probate process, creditors will receive notice of the person's death and have an opportunity to assert claims against the decedent's estate. But, a beneficiary's creditors would have no notice of the beneficiary's interest in this estate. Probate deals with the assets and creditors of only the decedent. So, deal with the decedent's valid creditor claims and the remainder will pass 1/3 to each beneficiary.
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Joseph Pippen ·
No-The estate is not liable for beneficaries debt. Once creditors learn that beneficiary has money-they could start collection activity to get paid.
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David Goldman ·
No - well at least not directly. While it is possible that once you receive the property if it is not homestead it may be subject to claim it will not be subject during the probate. In some cases there are spendthrift provisions and the money may not be paid to the beneficiary if there are creditors of the beneficiary. Once the assets are received there are ways that they can be protected in some cases. David Goldman Apple Law Firm PLLC 331 East Monroe Street Jacksonville, FL 32202 Tel (904) 685-1200 Fax (904) 212-0678 http://www.JacksonvilleLawyer.pro/ http://www.GunTrustLawyer.com/ http://www.FloridaEstatePlanningLawyerBlog.com/
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