Legal Question in Wills and Trusts in Florida
My friend said that if you die and you own a house that is homesteaded, and if your will leaves your house to only one of your 3 kids, that all 3 kids will still get a share regardless of your will. Is this true?
Asked on 11/10/11, 7:04 am
3 Answers from Attorneys
Lucreita Becude
Lucreita D. Becude, P.A.
Mr. Kaplan is correct. Your friend is wrong. The will rules the assets of the estate. Unless the other two children are minor siblings - then there would be a problem.
Answered on 11/10/11, 7:49 am
Frank J. Pyle
Probate Attorney Throughout Florida
It would only pass to all of them if one or more of them were a minor at the time of death of the homeowner. In that case it would pass in equal shares to the three of them. If none of them are minors, the Will would control. All this assumes there is no surviving spouse, in which case the rules are very different.
Answered on 11/11/11, 4:59 pm
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