Legal Question in Wills and Trusts in Florida
Does title transfer on spouse's death
I am trying to buy a property. It turns out the owner passed. His ex-wife physically holds the title but he died married to a second wife. I was told by a title agent that though it may still need to be probated that according to FL homesteading laws the title automatically transfers to the spouse. Is this so? And if it is, can she sell it to me immediately?
2 Answers from Attorneys
Re: Does title transfer on spouse's death
No, while she may have a right to title, the will must be probated.
Re: Does title transfer on spouse's death
It depends on what happened at the divorce of his first wife and how title is now held (i.e. is there a right of survivorship). It is true that if a house is homestead and there is a surviving spouse that the house is exempt from probate; however a death cert and petition will need to be filed with the court. But there could be complications if the first wife still owns an interest in the house.
It is difficult to thoroughly answer your question through the message board. Please feel free to contact me at (407) 353-4728 if you still have questions.
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