Q: Pre-marriage home owner here (in my name), if I pass away does the house go to my spouse now or do I need a new deed etc
To be clear, I inherited the house years before I met my wife. The house is in my name only. I've now been married to her for 6 years. Do I need to do any kind of transfer, or legal procedure before I pass away?
A: If the home is your primary residence, under Florida law your spouse can elect either a 1/2 ownership interest or a life estate. If you leave your entire estate to your spouse by Will, the above would not apply as he/she would be receiving the entire asset.
Phillip William Gunthert agrees with this answer
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A: You will want to speak with a Florida Estate Planning Attorney and they can help you organize your estate and this home based on your intentions with your spouse, whether you were previously married and had children, whether you kept property separate, whether this is your Homestead, whether you signed a pre or post-nuptial agreement and status of this property ownership currently and moving forward via deed changes and or designations worth considering and so forth. Otherwise, you can and should address this with an attorney and see what changes they recommend regarding this property based on your needs and goals.
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