Dunedin, FL asked in Estate Planning and Real Estate Law for Florida

Q: If I have a living revocable trust and my husband passed away and I'm on the warranty deed as as well as a quit claim

I have a warranty deed with my name and my husband's name on it he has passed then I also have a living trust revocable that has a quick claim deed in it to me with me and my husband and on another page of the special directive it says for the step kids that I may live here until I moved or remarry or die and then the the stepkids get condo so does the quit Claim Deed get rid of the,transfer of condo to step kids statement that the step kids would get the condo it's very confusing I will get a lawyer I just want to make sure

1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with and consult with a Florida Probate Attorney, based on when the deeds were done and precisely what they say will have some impact and determine matters to some degree, I say some degree because as a surviving spouse you have certain rights no matter what a Will, Deed or Trust may say as long as you have not waived rights or otherwise signed off on rights by joining in the deed or similar conveyance. Much of this will potentially fall into a probate matter and resolution of it may be resolved via the Deed or Trust. The only way to really know for sure is to review the docs you have, but generally, the Deed determines what was done and what will be enforceable, unless you signed on to a subsequent deed that conveyed the property to the Trust or via deed, so it depends based on what was done and by whom. Initially my feel is that the property would be yours if what you have initially stated is correct, subject to review of all the docs for confirmation.

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