Legal Question in Real Estate Law in Florida
marital assets
my father in law owns his home. my wife and sister-in-law are aldo listed as owners on the deed and title. he is thinking of remarrying. should he die, in florida, does his new wife get the house or do my wife and sister in law still have ownership stake?
Asked on 4/05/09, 10:56 am
2 Answers from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Re: marital assets
By "owns his own home," I assume you mean the house is free and clear. That being the case, his new wife would be entitled to 30% your father-in-law's share of the house if your father-in-law dies without a will or left his new wife out of his will.
If your father-in-law dies with a will, his new wife still gets no less than 30% of his share of the house, more if he provides her with more in his will.
Answered on 4/05/09, 11:04 am
David Slater
David P. Slater, Esq.
Re: marital assets
They would still own 1/3 each.
Answered on 4/05/09, 12:41 pm
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