Palm Coast, FL asked in Estate Planning for Florida

Q: I am married to a man for 30 yrs, the 3rd wife and we share a paid for home in FL. Will I loose my home if he dies?

We both have a child from prev marriages. I am 69 and have not worked in 7 yrs on SS.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: No, you have a homestead interest in the home; normally that means that it would become yours upon his death.

Evelyn Suero
Evelyn Suero
Answered
  • Estate Planning Lawyer
  • Miami, FL
  • Licensed in Florida

A: The answer depends on how the home is owned by you and your husband, ie. as tenants by the entirety which provides that the property would pass to the surviving spouse automatically upon death by operation of law. It may also depend on whether the home is homestead property. According to the laws of how homestead property descends to heirs, you may be entitled to a life estate in the property. Consult with an estate planning attorney for specifics.

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