Legal Question in Wills and Trusts in Florida

IF I AM NOT ON THE DEED TO OUR HOUSE (MY HUSBAND AND MYSELF) AND IM NOT ON ANY PAPER WORK AT ALL , WE WERE ONLY LIVING TOGETHER WHEN HE BOUGHT IT. WE HAVE MARRIED SINCE. THE QUESTION IS IF HE SHOULD DIE AND ITS NOT IN A WILL THAT THE HOUSE GOES TO ME, (WE BOTH RESIDE IN IT NOW), WOULD THE HOUSE GO TO ME OR HIS CHILDREN WHO ARE MINORS. THEY DONT LIVE WITH US THEY LIVE WITH HIS EX WIFE. HE SAYS THE HOUSE GOES TO ME AUTOMATICALLY, BUT I TOLD him WE NEED A WILL TO BE SURE. WE LIVE IN FLA


Asked on 7/07/10, 8:45 pm

1 Answer from Attorneys
Richard Kaplan

Neither of you have it exactly correct. If you are married at the time of his death, he owns this property as his homestead, and he has no Will but has children, you would get a life estate and the children the remainder interest on your demise. If he had a Will the result would be the same if his children were minors at the time of his demise, even if his Will provided otherwise. If his children are no longer minors, then he could convey his interest in the realty solely to you in his Will. Under any circumstances, the property would have to be subject to a probate proceeding.

The only way to fix this to fully avoid these issues is to change the deed from him to the two of you as Tenants by the Entirities (like joint ownership between husband and wife). But the deed needs to be done by an attorney to get this right.

If I can help further, please let me know.

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Answered on 7/08/10, 4:40 am


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