Legal Question in Wills and Trusts in Florida
What happens to property when no will is filed but the spouse is still living?
My grandfather passed away in May 1984. My grandmother is still living. They had one child, my father. My grandfather and grandmother had 15 acres. There was no will filed. Is my father entitled to any part of the 15 acres?
2 Answers from Attorneys
Re: What happens to property when no will is filed but the spouse is still livin
Who now owns this property, after the death of your grandfather, would depend on how it was titled before his death. If the 15 acres was held by grandma and grandpa jointly with a right of survivorship, then upon grandpa's death the entire property belongs to grandma by operation of law. If the land was held in grandpa's name alone or jointly without any survivorship rights, you father may have a claim, but that would depend on if there was a will and what the will said.
Re: What happens to property when no will is filed but the spouse is still livin
If your grandfather owned the land alone at the time of his death, upon his death his spouse was entitled to the first $60,000 and 1/2 the value of the rest of the estate. Their only son was entitled to the value of the balance of the estate assuming there was no will.
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