Miami, FL asked in Banking, Estate Planning, Real Estate Law and Probate for Florida

Q: All the money in savings and checking bank accounts go to the surviving spouse if they were joint accounts? No will

The deceased had 4 children with a previous spouse and 0 with the surviving spouse. They also bought 2 houses jointly.

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

A: In Florida, a joint account owned by married people is presumed to be held as tenants by entireties, and typically will pass to the surviving spouse outside of probate.

Bruce Alexander Minnick and Barry W. Kaufman agree with this answer

Barry W. Kaufman
Barry W. Kaufman
Answered
  • Business Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: A joint bank account means that both people own the account - the money belongs to both of them, equally. When one dies, the ownership of the account passes 100% to the surviving spouse.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Estate Planning Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: As you have been advised, joint accounts automatically go to the joint account holder.

Your second question about real property (homes) held in both names is essentially the same.

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