Legal Question in Wills and Trusts in Florida

Grandparents have been married since 1999, a second marriage for both (both with living children from first marriages). After marrying, land was purchased and a home built. In 2004, Grandfather/Grandmother had a Warranty Deed executed naming Grandfather as the Grantee.

If Grandfather precedes Grandmother in death, would she still be the benficiary of the marital home; or would the disposition of the home be subject to the Grandfather's will?

Note: To the best of our knowledge, our Grandmother does not have a will.


Asked on 9/06/09, 6:12 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If she is on the title, the house goes to her, regardless of the will. She would always be entitled to a life estate, regardless.

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Answered on 9/06/09, 8:30 pm


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