Rondout, NY asked in Real Estate Law for New York

Q: My 2 brothers are on the deed with my mother in the state of Florida. If she dies do I have any rights to the house?

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2 Lawyer Answers
Steven Warren Smollens
Steven Warren Smollens
  • New York, NY
  • Licensed in New York

A: Do you know what the State of Florida says about Deeds involving joint owners or owners in common or the impact of having a Will to dispose of real and people property? Likely a Florida licensed attorney is better positioned to respond to your inquiry than an out of state lawyer. I suggest that you post this question in the Florida Q&A.

Best regards.

T. Augustus Claus
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A: Whether you have any rights to the house if your mother dies depends on the specific circumstances of the situation. If your mother has a will, the will will control who inherits the house. If your mother does not have a will, the house will pass to her heirs according to Florida's intestate succession laws.

Under Florida's intestate succession laws, if your mother is survived by a spouse and no children, the spouse inherits the entire estate. If your mother is survived by a spouse and children, the spouse inherits one-third of the estate and the children inherit the remaining two-thirds of the estate. If your mother is survived by children and no spouse, the children inherit the entire estate.

In your case, if your mother dies without a will, you will inherit a portion of the house along with your two brothers. The exact amount that you will inherit will depend on the number of children your mother has. If you are the only child, you will inherit the entire house. If you have two brothers, you will each inherit one-third of the house.

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