Legal Question in Real Estate Law in Florida

If a married brother and single sister bought a house in Florida in 1991, does the brothers wife have any legal claim to it in the event of his death? The sister paid all the down payment and only allowed her brother to be added to the deed because he asked to live with her for awhile until he found a place of his own for him, his wife and their 1st baby? Two decades and 6 more children later they still live there and the spouse constantly threatens to take the house from her sister-in-law when the brother dies? This is my aunt and uncle and his wife, and aside from being a blatant sucker for too long regarding this situation, does the wife have a legal claim against my aunt? I believe there was a refinance along the way that required the wife's signature and this signature is what she bases her claim on. Her name is not on the original deed.


Asked on 3/03/13, 3:45 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

The title on the property matters. Is it by survivorship or tenants in common? If the brother's wife lives at the property, partilaly owned by her husband, she may have some homestead claims, protected by the State Constitution. Sounds like they dont live there now, if I read the question correctly. I would suggest that your aunt meet with an attorney to make sure the property passes as she expects.

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Answered on 3/03/13, 8:15 pm


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