Florida | Wills and Trusts
10/19/07, 12:15 pm
Legal Question
no will
In the absence of a will what happens to a home in the State of Florida that is owned jointly by husband and wife?
no will
In the absence of a will what happens to a home in the State of Florida that is owned jointly by husband and wife?
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Read More Answered By: Scott R. Jay |
Re: no will NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If a home is owned jointly by a husband and wife, it passes to the surviving tenant regardless of whether or not there is a will. Upon the death of one joint tenant, the survivor automatically owns the residence.
Scott R. Jay, Esq. |
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Read More Answered By: Michelle Hofkin |
Re: no will It depends on how the home is titled. If the home is titled as tenancy by the entirety,or joint tenancy with rights of survivorship, then the surviving spouse retains possession of the home. If the home is homesteaded and the owner dies leaving a surviving spouse, and/or minor children, then the surviving spouse takes a life estate in the property and the minor children take the remainder. |
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