Legal Question in Real Estate Law in Florida

Do children of a surviving spouse have any interest in deceased spouse's homestead on the surviving spouses's death where the surviving spouse has signed a pre-nup agreement, under florida law.


Asked on 8/27/14, 6:06 am

3 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

You should schedule an appointment to speak with a Probate lawyer about your specific situation. There are too many possibilities and not nearly enough information provided in your post.

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Answered on 8/27/14, 6:17 am
David Slater David P. Slater, Esq.

Generally no.

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Answered on 8/27/14, 6:23 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

If the surviving spouse received the property upon the spouse's death, it would likely pass to his/her heirs by intestacy. You need to seek an attorney's advice depending on the pre nup and what it specifically provides for with regard to the house.

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Answered on 8/27/14, 7:34 am


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