Legal Question in Wills and Trusts in Florida
This is a hypothetical question that closely relates to a situation I am in.
A un-remarried widow dies intestate years ago. No probate or administration was done and although she was homesteaded, no official determination of homestead status was done. She had two living adult daughters at the time of her death and no other children.
Ten years later, one of the daughters dies, also intestate, but was married with no kids at the time. Her husband is still alive, but no probate was done.
Now, 30 years later, a Quiet-Title action is opened. Assuming nobody defaults, does half ownership of the homestead of the mother pass to the husband of the daughter that died -or- does the fact that the daughter died prior to probate of her mother's estate mean that her share reverts back to the estate and the living daughter gets everything?
Thanks in advance.
2 Answers from Attorneys
I vote for the husband. Hypothetically
IF the widow died and only left two children. The property would go to the two children. Each would have one-half. If the one child died having been married - her share would pass to the husband.
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