Legal Question in Real Estate Law in Florida
My brother resides in miami fla. he signed his deed with his girlfriend at the time as single man/single woman. Not with rights to survivorship. They had no children together however she has kids from previous marriage. Since the recording, they were married. She passed away 2yrs ago and recently, he was reminded to remove her name from the deed. In doing so, he found out that he and his wife, because of how the deed was recorded, own the property 50/50. He was too distraught at the time of her death to handle all the legal affairs so her family members handled dissolving her assets. Should her portion of the property been distributed to her heirs at TOD? As far as i know, she didn't have a will. Specifically, what is the process in this circumstance? What is his legal course of action to gain full ownership of his home? Do her children technically own half of his house? Would he have to buy them out? He is afraid they can cause him financial hardship. thank you for any advise you can give.
2 Answers from Attorneys
He needs an attorney to assist in the proper handling of the distribution of the property. It is impossible to answer your question without seeing the actual documents. Assuming the deed does pass the property as tenants in common, your brother still has a right as pretermitted spouse to his share of the Estate assets.
Doubt their marriage changed the ownership from 50/50. Her heirs would be entitled to a portion of her ownership. Her estate must go to court probate.
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