Legal Question in Wills and Trusts in Florida

Husband is deceased and we jointly owned two properties. May I leave deeds "as is" and if so, then upon my death would they be inherited by the heirs of my body with no interest belonging to husband's sons?

Asked on 2/04/19, 9:13 am

3 Answers from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

This depends on how you and your husband owned the property. If you were joint tenants with right of survivorship, then you already own 100% of the property

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Answered on 2/04/19, 11:40 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need to have the deed reviewed. Stating it was jointly owned does not help. It must be jt tenants with survivorship OR entireties to pass to you on his death. Have the title reviewed by an attorney to make sure.

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Answered on 2/04/19, 12:37 pm

As the other attorneys have indicated, the question cannot be thoroughly answered without reviewing the deed. Once the deed is reviewed, you question can easily be answered. An estate planning attorney can also assist you with options on how to set up the title for your future needs (i.e., leaving property to your heirs).

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Answered on 2/05/19, 8:13 am

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