Q: What happens with the homestead home if my wife dies ? No easy answer I think, these are the facts: (1) Mary and
her only two adult children buy a house in 2009 to qualify for a mortgage. Title is owned by all three. Children never lived in the house. (2) in 2013 the future husband moves and joins Mary in the house. (3) In 2014 they marry in Florida, (4) Let's say Mary dies in 2020, what percentage of the house is inherited by the surviving husband, if any ? No will or document was ever written. Both Mary and her husband lived as main home since 2013.
A: Homesteads generally pass outside of probate; the fact that title to the house was jointly owned by 2 other people, neither of whom was the husband, makes it more likely that the house is not part of the decedent's estate and that title remained in the the other 2 owners' hands. I don't believe the husband has any claim to any part of the house at all. (The fact that the adult children never lived in the house is probably irrelevant)
Bruce Alexander Minnick agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
