Legal Question in Wills and Trusts in Florida

Re: Estate

Depends on the language of the deed. It could go either way depending on the exact language.

Re: Estate

Unless the deceased brother has a premarital agreement, his wife would have a claim against a portion of all of his assets, including this house.

Re: Estate

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.

There are several issues presented here. The first is how the title reads. If the brothers owned the house by joint tenancy, then the surviving brother would normally be the owner and not the spouse. However, if the house was the homestead of the deceased bother and his wife, then may have a claim to reside in the house as her homestead.

You should meet with a qualified attorney and present all of the facts to obtain an explanation of your legal rights and obligations.

Scott R. Jay, Esq.