Is husband entitled to property

[santana32127]

What is the name of your state? - Florida - My was dad married in 1983, since 1965 his wife and son purchased and hold title to house. He has lived with her since 1964. On January 31, 2005 she passed away, leaving no will. Does he have any rights other than homestead, to property?

 

[BlondiePB]

What is the name of your state? - Florida - My was dad married in 1983, since 1965 his wife and son purchased and hold title to house. He has lived with her since 1964. On January 31, 2005 she passed away, leaving no will. Does he have any rights other than homestead, to property?

That all depends on exactly how the property is titled. You can read FL Probate code under Estates and Trusts at this link: www.flsenate.gov/statutes.

 

[santana32127]

>Florida - My dad was married in 1983, since 1965 his wife and son >purchased and hold title to house. He has lived with her since 1964. On >January 31, 2005 she passed away, leaving no will. Does he have any rights >other than homestead, to property?

Property is titled in wife maiden and in the son's name, with no reference to married name at anytime.

 

[divgradcurl]

Property is titled in wife maiden and in the son's name, with no reference to married name at anytime.

HOW is it titled? Tenants in Common? Joint Tenants with Rights of Survivorship?

 

[seniorjudge]

Property is titled in wife maiden and in the son's name, with no reference to married name at anytime.

If this is correct, then the land belongs to son.

 

[divgradcurl]

If this is correct, then the land belongs to son.

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Only if it is JTROS. If the land was held as tenants in common, then the surviving spouse will most likely get an intestate share of the property and will share the house with the son (who gets his half plus his intestate share) and any other heirs (siblings of the son). That assumes that they were married at the time of the wife's death, of course.

 

[BlondiePB]

OP informed me of trouble with FL probate code via PM. I advised her to look at deed for JTROS and consult with probate attorney. That's why I didn't post to thread again.

 

[seniorjudge]

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Only if it is JTROS. If the land was held as tenants in common, then the surviving spouse will most likely get an intestate share of the property and will share the house with the son (who gets his half plus his intestate share) and any other heirs (siblings of the son). That assumes that they were married at the time of the wife's death, of course.

You are correct; I was making the assumptions it was JTWROS but I should not have.