Florida  |  Wills and Trusts

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10/31/09, 8:57 am

Legal Question


In Florida, if a husband dies will a will naming his children to be awarded a home tha is in his name, does his wife have any claim to it ?


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11/05/09, 9:45 am

Legal Answer


How the property passes will depend upon how it is held and whether you have waived homestead rights. If the property is held as a tenancy by the entirety, then it passes to you, the spouse, regardless of what the will states. If you would like assistance with will and estate planning, please do not hesitate to contact me or visit www.floridawillmaker.com. Regards,

Lesly Longa

Longa Law P.A.
511 W Bay Street, Suite 350
Tampa, 33606

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11/05/09, 10:03 am

Legal Answer


You have a claim to a life estate in the home, even if the house is only in his name.

Alan Wagner

Wagner, Vaughan & McLaughlin, P.A.
601 Bayshore Boulevard; Suite 910
Tampa, FL 33606

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