Legal Question in Real Estate Law in Florida

if spouse dies and if the wife sales the house. must she give 50% of the proceeds to her children. thanks


Asked on 2/16/11, 1:38 pm

1 Answer from Attorneys

It depends upon how the house was owned, and whether it was homestead, among other potential factors.

One common situation, assuming it was homestead, and owned husband and wife. Then upon the death of the husband, it goes to the wife, and the children get nothing. If it was solely owned by the husband, then it depends if he left a Will (and what it says) and whether he has minor children.

Because there are so many potential combination, you need to meet with an attorney to know precisely what your situation is.

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Answered on 2/16/11, 3:24 pm


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