Legal Question in Wills and Trusts in Florida

just wondering

my father died without a will,in the state of florida.he owned the house as husband and wife,but his wife is not my mother....she is my step mom...the deed to the house does not say what the right is,like for example joint ownership with the right of surviorship.when they sign a deed in florida are they automatically titled as something even though the deed does not say it?and as his son am i entilted or can file anything on the house?does the law change since im his son but not her child?he did die without a will so what happens to the house if it was husband and wife but im not her child?


Asked on 4/15/09, 1:21 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: just wondering

The house sounds like it goes to her. chyeck the deed carefully. it will say by the entirities of with right of survivorship.

if she is not of the title, then she gets a life estate in the house and has other inheritance rights that trump yours unless the estate is a certain size and then non-spouse decendants get some of the assets.

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Answered on 4/15/09, 3:33 pm


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