Legal Question in Wills and Trusts in Florida
i live in FL, my father died with out a will and my mother has children from other relation.
my parents have a (homestead) property, now my mother wants to sell it... do i have any right for the property?
Asked on 10/03/16, 1:48 pm
3 Answers from Attorneys
Barry Stein
De Cardenas, Freixas, Stein & Zachary
She can dispose of the property if she owns it outright. If your father and mother held it as joint tenants with rights of survivorship or entireties, than she owns it outright. You would not have vested right to the property
Answered on 10/03/16, 1:51 pm
Lucreita Becude
Lucreita D. Becude, P.A.
it really depends on how the deed was worded. IF she was on the deed as his wife, then she would have rights of survivorship. However, that may not be the case. If she was not on the deed when he bought the property and he never refinanced it to include her name as to the mortgage, then maybe.
Answered on 10/03/16, 2:29 pm
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