Legal Question in Wills and Trusts in Florida

2 sisters share a home - one with will one without

2 sisters names are on a deed of a home in Florida. The names appear as ''And''. One lives in it with her husband and has a son and family in Georgia. The other lives elsewhere in Florida and has never married. The one that never married dies without a will. Who does the house go to? Do the living nieces and nephews of this woman have claim to the house or does the home then belong to the sole survivor? The two sisters still have one living brother, but his name is not on the deed. He and other brothers received land instead of the home. Does the home have to be divided among the children of the living brother and deceased brothers?


Asked on 4/22/07, 11:00 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: 2 sisters share a home - one with will one without

You should consult with a FL lawyer to see how closely what I am going to tell you about GA law would apply.

Upon the death of the one without a will, (assuming she has no children), her share will be divided equally between her SURVIVING sister and BROTHERS (PLURAL). Just because the other brothers received land does not mean that they have no interest in the home. However, if the "other brothers" predeceased this sister, their childres split their fathers' share.

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Answered on 4/23/07, 9:35 am
Robert Roemer Robert Roemer

Re: 2 sisters share a home - one with will one without

I have reviewed your question and because of the nature of the facts I need to speak with you personally. I would suggest you e-mail me your telephone contact number at a time when I can contact you there.

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Answered on 4/22/07, 11:19 pm


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