Legal Question in Wills and Trusts in Florida
If there is no will where do I stand if my dad remarried each had a home.She does
not live in the home she has her own I am the only child what does florida law say about my dads house???
2 Answers from Attorneys
It will depend on how the house is titled. Now that your dad is remarried, he may add his new wife to the title with a right of survivorship and/or file for homestead. If so, the house will pass to his wife without probate. If you are a minor, you will also be afforded protection under homestead rules.
If you dad dies without a will, according to Florida Probate section 732.101, his estate will be divided with 50% going to his wife and the remaining 50% going to you. If your dad wants to specify what property he would like his heirs to inherit and/or protect certain assets, he should consult with an estate planning attorney to go over his choices involving wills and applicable trusts.
His estate will pass according to state law. If the house is homesteaded to your father and his wife, you may not get the house. Consult with an estate planning attorney. I also have useful information on my site, www.floridawillmaker.com.
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