Florida  |  Real Estate Law

Legal Question

Asked on: 4/11/12, 5:59 am

Property is owned by two married men, one of the men dies, who is the rightful owner of the deceased man's half?

1 Answer

Answered on: 4/11/12, 6:07 am by Richard Kaplan

It depends upon how the title is written. If it is "John Doe and Tim Smith" (with or without the words "tenants in common") then the deceased person's estate gets the 1/2. Who gets it from his estate depends upon his Will or by the Intestate Laws if there is no Will.

If it is "John Doe and Tim Smith, Joint Tenants with the Right of Survivorship," then the survivor gets the whole thing.

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