Legal Question in Wills and Trusts in Florida

Florida Real Estate concern:

Husband and wife married for decades, built a house in Virginia with her money, and then jointly purchased a home in Florida. Each has children by a previous marriage. The wife was physically coerced into signing over the deed of the Virginia home to the offspring of the husband. The wife dies; the husband dies a couple of years later. The husband's offspring sell the Florida property. They also have the Virginia property up for sale.

Are these legal sales, and do the sales proceeds go only to the latest-living spouse's offspring, even if the children of the deceased spouse are included in her will?

Thank you so much in advance!


Asked on 10/31/08, 10:01 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Florida Real Estate concern:

You should see an attorney right away. If the deed was procured by undue influence, then it can be set aside.

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Answered on 10/31/08, 10:50 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Florida Real Estate concern:

Depends on what you mean by "physically coerced." If someone held a gun to her head, then that is not a valid transfer. Did she have a will? Did the husband have a will? There are a lot of additional details that would be needed to provide a realistic answer.

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Answered on 11/01/08, 10:33 am


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