Legal Question in Wills and Trusts in Florida

This is an estate question. My father and I own a house at 50% each in Florida bought 25 years ago. When he passes, do I obtain the house at 100% or must I give a portion to my two sisters.

The will reads 1/3 to each party, so with my half and 1/3 I would get 83%?

I would rather litigate my sisters than turn this over to them!


Asked on 8/15/09, 7:23 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Your father's share would be divided among all 3.

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Answered on 8/15/09, 6:14 pm
Frank J. Pyle Probate Attorney Throughout Florida

Unless the deed states "joint tenants with right of survivorship", his half goes under his will - meaning you own 1/2 + 1/3 of his 1/2 under the will (not 1/2 + 1/3 of the whole). If my math is right, you end up with 4/6 or 2/3 of the total. Then you have to "fight it out" with them over what to do with it.

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Answered on 8/16/09, 10:30 pm


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