Legal Question in Wills and Trusts in Florida
about a sale of real property
spouse dies; the other sells the property after a few years. Do sales proceeds only go to the living spouse or the children of the living spouse?
Asked on 10/30/08, 11:29 pm
3 Answers from Attorneys
David Slater
David P. Slater, Esq.
Re: about a sale of real property
The answer would depend on title to the property at the time of death. Generally, the surviving spouse becomes owner and entitled to the proceeds of a sale.
Answered on 10/31/08, 7:21 am
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Re: about a sale of real property
It depends on who owned the hose when the spouse died and whether there was a will. If the house was owned by both, then on death of one it becomes the property of the other and all proceeds of any sale are his or hers.
Answered on 10/31/08, 12:09 pm
Phillip Lemmons, Esq.
Phillip Lemmons APC, Attorneys at Law
Re: about a sale of real property
If they held the property as joint tenants, then sale proceeds go to the surviving spouse.
Answered on 10/31/08, 3:19 pm
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