Clearwater, FL asked in Probate for Florida

Q: Florida vacant land deed in husband and first wife names and house built on it. They divorce and second wife moves in.

Both husband and second wife are deceased. No new deed was recorded after house built or divorce. Mortgage in deceased husband and second wife. Who has legal right to the real property; the ex-wife and children or the second wife and her children?

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1 Lawyer Answer
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Probate Lawyer
  • Fort Lauderdale, FL

A: There would need to be a probate proceeding, maybe 2, for the last person that passed away. The divorce decree might indicate who has title and/or possession to the house and the property. But there would have to be a probate to determine who has the right to title and possession of the property, as to which there is not enough information in your fact pattern above. If the husband died first and he was still married to second wife, she may be entitled to a life estate. Question whether her children are also his children, since his children may have a remainder interest subject to wife's life estate. Also question as to whether there was a will for any of the persons that passed away.

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