Q: Florida couple marry, 2nd marriage for both with adult children from prior marriage.
they purchase residence in Florida (Orange County) in wife's name only. Wife dies, no will, no probate, husband dies, no will, no probate. Who owns the property?
A:
Assuming no pre-marital agreement to the contrary, husband is at least entitled to a life estate in the property (right to "possess" the property until he dies). After husband passes, property goes to children of wife.
Within 6 months of date of death of spouse, husband has a limited time to claim a 50% ownership interest as a "tenant in common" (see: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.401.html) - Essentially, husband can make an election to own half of the property outright. If he fails to make the election, he simply gets the life estate.
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