Dunedin, FL asked in Estate Planning and Real Estate Law for Florida

Q: I am on the Warranty deed a and a quit claim deed in a revocable trust and the husband passes away do I have sole owner

Even though it says I may live here till I Die, Marry or move then it goes to his children or am I the sole owner because he quit claim deeded the property to me in the trust?

2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You would have to have both the Trust and the Deed reviewed by an estate planning/probate attorney. Generally, it sounds like you only have a life estate, that said, unless you signed a pre or post-nuptial agreement, you would have substantial rights related to your Homestead Property no matter what the deed, will or trust potentially say. As a surviving spouse, you would have certain rights unless you waived them willingly in some manner. I am guessing a lot here and you would have to provide a lot more information and details, but an attorney would be able to more precisely advise you with additional information and facts per above and anything else you could add. Generally, a surviving spouse always has rights unless you signed them away per above. Also, if the property was quit claimed to the Trust, it is in the name of the Trust and the terms of Trust would matter a lot, but again, not necessarily so if you are the surviving spouse and that is your Homestead.

Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Estate Planning Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: You should definitely consult with an estate planning attorney to review the trust agreement and determine what your rights are and explain it to you. It sounds like you are a trust beneficiary for life, but there will be specific terms in the trust agreement that determine what rights you have as a beneficiary.

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