Exoneration and taxes

Question 1

Common law rule on debts encumbering specific devises of real property

Answer 1

Debts encumbering specifically devised real property do not apply to that devise

Debts to be paid out of residuary

Florida rejects common law rule

Question 2

Florida’s rule on debts encumbering specific devises of real property

Answer 2

Specific devisee of any encumbered real property takes free of debt ONLY if will shows that intent.

General direction in will to pay debt does NOT show intent.

Question 3

Decedent owes taxes if:

Answer 3

Decedent has assets in excess of statutory exclusion AND

Excess assets do NOT pass to spouse OR charity