Legal Question in Real Estate Law in Florida

Re: right of the surviving spouse

If they purchased while they were married to each other and they continued to be married until the first death, the property automatically passes to the survivor (just need to record a death certificate and a couple of affidavits). Unless the deed says they took title as tenants in common - fairly unusual.

Re: right of the surviving spouse

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No, the wife does not inherit the property. If both husband and wife are in title to property whether it states "as joint tenants with right of survivorship" "JTWROS" or is silent, then the property is already owned by both and the survivor of them is the owner if one passes away. There is no inheritance on property you already own. The wife as the survivor can record a certified death certificate and Affidavit of Continuous Marriage in order to establish her sole ownership of the property but it is not required unless she is trying to sell it.

Scott R. Jay, Esq.