Consult the attorney that is handling your probate action for advice. You may have to come to some agreement to partititon the home from the remainder of estate in order to settle the estate.
The beneficiary's share goes into their own estate.
It will be dependent on how the first will was written, but in most cases, their share of the estate simply becomes a part of their estate.
Their share goes into their estate.
They can collect before it is settled
Florida requires that debt be resolved before an estate is settled. That means the bills have to be paid before anything can be distributed.
Someone else will be appointed the executor. The probate court will appoint someone, usually a bank or attorney, if no one 'volunteers' to do the work.
There is a disconnect here. A living trust is not related to an estate. The wording of the trust and perhaps the will associated with the individual will determine what the expectations are.
The estate is set up in Florida to be responsible for paying any bills. One of the primary reasons for setting up an estate is to liquidate any debt. If there are no heirs, the state will appoint an executor, the debts will be settled. If there is anything left over, the state will get it.
The laws of intestacy for the state in question will apply. The debts settled and the remainder divided per the law.
It becomes part of the probate procedure of the deceased's estate.
According to the Colorado Bar Association, an estate can be settled in as little as six months.
If possible the estate has to pay off the debts. If the estate cannot do so, they distribute according to a plan as best they can. If the court approves the distribution plan, the debts are ended.