Pace, FL asked in Family Law for Florida

Q: If a spouse that has a house and property solely in their name dies, does the surviving spouse inherit the house?

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2 Lawyer Answers
  • Clearwater, FL
  • Licensed in Florida

A: Assuming no pre-nup and the house was aquired during the marriage, yes.

  • Deltona, FL
  • Licensed in Florida

A: But if there are children of the decedent who are not children of the survivor, the survivor gets a life estate in the house. The best thing for you to do is setup a consultation with a probate attorney in your area.

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