Legal Question in Wills and Trusts in Florida

If a spouse passes away and the widow fails to probate her interest in a shared estate what happens?


Asked on 6/07/14, 6:06 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Huh? If the assets are owned as survivorship, no probate would be needed. If the assets are owned as tenants in common than the deceased spouse's share remains in limbo until probate is done. Probate is pursued for the decedent's assets not the assets of the living spouse.

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Answered on 6/07/14, 6:16 am


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