Legal Question in Wills and Trusts in Georgia

Descent and distribution

Q. What happens to property when a deceased parent precedes his spouse, and his children are from his first marriage? What happens if his estate rolls to his spouse and she is now deceased and has not spelled out specific distributions.

A. In Florida, it would depend on how title was held. If in your father's name alone, then she had a life estate and you [his children] get the remainder after she dies. If in joint names, then survivor takes all and her heirs will own the property.