Legal Question in Real Estate Law in Florida

My brother (florida) is listed on deed with his deceased wife and has no children with her. if he dies, would the property then go to her children?


Asked on 5/19/15, 9:52 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

The title to the home would need to be clarified. Joint tenants with rights of survivorship? If so, he got title when his wife died. If listed as something other than survivorship, than her share may have transferred on death to her heirs, of which he would be included. More information would be needed. If he owns the property, unless he provides by Will for the transfer to her children, or unless they reside their as homestead, it is not likely that her children would end up with the property.

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Answered on 5/20/15, 2:05 am


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