Legal Question in Wills and Trusts in Florida

xfer of property (by wife via will) in probate
My mother transferred property via will that was titled only to my father. At the time the will was written, the property was in probate because he died intestate.
Later the property was distributed via probate court to my mother (9/10) and to my half -brother (1/10). Now that my mother has passed her will which was written before the probate court decision -transfers all of the property to by half brother. Which takes precendence the will or the probate court?

Asked on 1/27/08, 4:26 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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Re: xfer of property (by wife via will) in probate

Your question doesn't really make sense. Generally, when a husband dies intestate and he is the title owner of the property, Florida law would give your mother a life estate (i.e. she owns it for the rest of her life). Absent some agreement among the beneficiaries, she would not get 9/10ths title. If for some reason she did (as opposed to the obligation to pay for 9/10ths of the upkeep etcetera because of her life estate), then title would pass according to her will. I would check with the estate lawyer to make sure that you understand what is going on.

Answered on 1/28/08, 8:06 am

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