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Spouse benifits of community property upon death

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A

Anne

Guest
Upon the death of a spouse in the State of FL, does a jointly owned home automatically pass to the remaining spouse? How is the remaining, wholly owned, (stocks, bank acct., etc.) distributed between remaining spouse and children named as beneficaries from previous marriage? Would it be advisable for remaining spouse to be represented by counsel, as a child is named as Executor ?
 


ALawyer

Senior Member
The jointly owned proerty passes to the surviving joint owner(s) as a matter of law.

The rest of the property is divided according to the Will, if there is one, or Florida's laws for intestate succession, if not.

While in theory the son should be properly handling the estate and giving you your share, I'd suggest speaking to a lawyer of your own, as an advisor, to help see if you need your own counsel. It may cost a few hundred dollars, but sometimes having your own lawyer make an informal inquiry to the son's lawyer speeds things up and prevents you from getting the wrong end of the deal.
 

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