Legal Question in Wills and Trusts in Florida

Re: no will

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If a home is owned jointly by a husband and wife, it passes to the surviving tenant regardless of whether or not there is a will. Upon the death of one joint tenant, the survivor automatically owns the residence.

Scott R. Jay, Esq.

Re: no will

It depends on how the home is titled. If the home is titled as tenancy by the entirety,or joint tenancy with rights of survivorship, then the surviving spouse retains possession of the home. If the home is homesteaded and the owner dies leaving a surviving spouse, and/or minor children, then the surviving spouse takes a life estate in the property and the minor children take the remainder.