Legal Question in Real Estate Law in Florida
A female friend is living with a man in a residence in Orange County. Both are US citizens, natives of Taiwan. He is divorced, and dying of cancer. She is separated from but still legally married (marriage was in Taiwan) to her husband. (The husband now lives in Volusia County.) Recently the dying man changed the title to his house so that now the man and woman are both listed as owners of the property on Orange Co. Property Appraiser's records. (There is no mortgage - the man paid cash for the property.) No other action has been taken, and the dying man has no will.
Will the property automatically become the woman's property upon his death, or should he take additional steps to ensure that she becomes the owner?
3 Answers from Attorneys
if they changed the title to the house, be sure they changed it to tenants in the entirety with rights of survivorship. Then it will be hers upon his death. She can claim homestead on it.
If they changed it so they are joint tenants with right of survivorship then it will pass to her upon his death.
The dying man should contact an estate planning attorney to discuss this matter and have them review the title. Regards,
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