Legal Question in Wills and Trusts in Florida

If mom, Minnie Mouse is living in a house that she owns 1/2 deed for and her deceased husband's son is on the other half of the deed, what happens to my mom's 1/2 when she dies? Does he automatically get it, since his name is the only other name on the deed?


Asked on 9/04/10, 2:02 pm

2 Answers from Attorneys

Kellen Bryant Law Office of R. Kellen Bryant, P.L.

Son gets the house if the deed says something to the effect of "Minnie Mouse and Son, as joint tenants with rights of survivorship and not as tenants in common."

Without that language quoted above, Minnie Mouse's share goes to her will beneficiaries or to her kids and maybe grandkids if she does not have a will. If that person to inherit is you, I would suggest you talking with Minnie Mouse about some sort of buyout of her share or the share of her husband's son - these circumstances suggest that trouble may loom in the future.

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Answered on 9/09/10, 2:16 pm

To really answer it right, I would need to see the actual language on the deed for Grantee. Without that we could easily assume something and get it wrong.

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Answered on 9/09/10, 5:10 pm


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