Legal Question in Wills and Trusts in Florida

Florida disclaimer statutues allowed my mother to disclaim my deceased dad's interest in the marital home (homestead). She did so timely, pursuant to the Statute. I was told that when this statute is applied to property held as Tenants by the Entirety as it would be in this case, that my Mom is now presumed to PREdecease my dad. Since both my parents Wills state that if their spouses predecease them, all their property goes to the children, I was advised that now the marital home goes straight to us children. Can this possibly be correct? I understand how my Dad's interest in the home would go to us, per statute, but how does this statute reach all the way over to my Mom's will? Mom is alive and well and now living in a retirement home. Please advise!!

Asked on 5/03/12, 11:31 pm

Lucreita Becude Lucreita D. Becude, P.A.

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Your mother gave up her rights to the property.

Answered on 5/04/12, 5:09 am

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