Tampa, FL asked in Estate Planning and Probate for Florida

Q: When a married couple owns a home with it in husbands name. Does it automatically go to wife if there is no will?

My father passed in florida and before my mother transferred the deed she too passed away suddenly. We are not sure if her name is on the deed or not. If not, would it automatically be hers, then their children together? Or still the husbands and his children? (If their are others outside of the marriage)

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2 Lawyer Answers
Mr. Long H. Duong
Mr. Long H. Duong
Answered
  • Estate Planning Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: If the deed is only in your father’s name, you’ll have to probate your father’s estate and your mother’s estate in order to pass it on to your mother’s children. This is assuming of course that there is no will just you being the assets to persons other than descendants. I strongly suggest you contact a probate attorney for representation

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

A: You should ask the public records clerk for a copy of the deed and then have it reviewed by a probate attorney. You are welcome to send me a copy and I can speak with you on the phone for a free phone consultation and advise you what would be the next steps.

If there is no will and if the property is in husband's name only and it was his homestead, then an estate would be opened to transfer the property as follows: life estate to wife (if deceased, then life estate has already terminated), remainder to husband's children.

It all depends, however, on how the property was titled on the deed.

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