Legal Question in Wills and Trusts in Florida

My spouse passed away and we have a home in both our names. The will says that I get all of his assets. How do I take off his name and keep my name on the deed to be the owner?

Asked on 3/10/12, 1:02 pm

1 Answer from Attorneys

If the house has both your names on it, the Will doesn't matter. All you have to do is record his death certificate, a Non Tax Affidavit and a Continuous Marriage Affidavit. A new deed is not issued. (Don't forget you also qualify for the widows/widowers exemption).

You may want an attorney to review over the matter to make sure this will work, and that it is done the right way the first time.

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Answered on 3/10/12, 2:23 pm


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