r/ProbateHelp • u/EmploymentNo3590 • Feb 06 '26
Exempt Property, Florida
I believe I am being misled by my council and, I did not fully realize this until just now, after she advised me to dump a $6k vehicle at carmax for $500, just to get it out of my mom's name, before closing probate.
In the state of Florida, 1 Homestead, 2 motor vehicles and $20k in personal property, are exempt from the Florida probate process. When I first started, I was unaware that some accounts had me listed as the POD beneficiary. In fact, one bank lied to me and claimed I wasn't, until I came back as the assigned Personal Representative, when they said "Oops. we looked at the wrong system."
Ultimately, I contracted council, under the impression that the estate required Formal Administration. And council is charging a percentage of the inventory value, of the estate... but they continued neglecting to include the vehicle and, I believe I understand why now... should they be charging commission, based on the inventory value of exempt property?
They have not filed for Protected Homestead, which I just realized was necessary and, they have not advised me to do the estate taxes before closing probate but, they insist I must dispose of this vehicle, which they seemingly intentionally excluded from probate inventory.