Legal Question in Wills and Trusts in Florida

My mother-in-law deeded to my husband and his 2 siblings her home before she died. Three years later, they have still not sold the house. My husband even asked them to buy him out. Now my husband has passed Aug 18th. Will his share come to me as his surviving spouse? I live in Jackson County, FL

Asked on 9/03/13, 7:29 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

It depends on whether the transfer originally was to survivors OR was to the siblings as tenants in common. Have an attorney review the deed.

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Answered on 9/03/13, 7:58 am
Dean Bress Bress Law Firm

As Mr. Stein indicated, it depends on how the property was titled and that you may only learn from the deed to the children from their mother. Now if your husband had a tenancy in common share, his share would pass to his estate. Now if he has a Will, that determines who gets the interest (which could well be you) or if there is no will, the FL statutes decide. Please consult with an attorney.

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Answered on 9/03/13, 12:14 pm

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