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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37026
Experience:  Texas lawyer for 30 years in Estate law
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My father just passed away 2 months ago and s house was in

Customer Question

my father just passed away 2 months ago and his house was in the family trust the house is in Naples. his wife is contesting that she should get 100% of the house even though her name is ***** ***** the deed. Is she entitled to it under Florida law?
Submitted: 10 months ago.
Category: Estate Law
Expert:  RayAnswers replied 10 months ago.

Hi and welcome to JA. Ray here to help you tonight.

I am so sorry for your loss of loved one.Can you tell me if he bought this premarriage or they purchased it during marriage.Some more information here so I may assist you.

Expert:  RayAnswers replied 10 months ago.

Was this something his family owned , and it was in a family trust prior to marriage??

Customer: replied 10 months ago.
They bought the house 2 years ago they were married
Customer: replied 10 months ago.
the house was homesteaded
Expert:  RayAnswers replied 10 months ago.

If this was a joint trust owned title to the house then the trust owns the house.So it passes under the terms of the trust.I would demand a copy of the trust to verify this, you never know the trust may not own it.You may also want to check tax records to see if it is listed under the trust.Unless there was a deed here transferirng it from them to the trust then trust doesn't own it and is passes through probate by will or laws of intestacy.

Expert:  RayAnswers replied 10 months ago.

Call or email and ask who current owner is and give them address..

E-mail your question to: *****@******.*** or call(###) ###-####/strong>

Expert:  RayAnswers replied 10 months ago.

You can also check for the deed here to see who legal owner is.

https://www.collierclerk.com/records-search/official-land-records-search

If it turns out he owns it here rather than the trust you may well have legal claim to his half of community property here.

Then you will need a lawyer to open probate and assert your claim.

I appreciate the chance to help you tonight.Please let me know if you have more followup.Thanks again.

Customer: replied 10 months ago.
if his wife does try to contest this further do we have any recourse against her to hold up any monies she is receiving on a monthly basis. She currently receives roughly 10k a month and life estate in the home until she dies, she worried her side 2 sibling from another marriage wont get anything but what she gets every month and that's what my father wanted. He always expressed that he did not want to take care of her 2 kids only her while she was living. please advise thankyou
Expert:  RayAnswers replied 10 months ago.

I don't see her being able to be successful in such a contest..And if necessary you might well cut off payments if there is pending litigation involved.

See what you find out about title and if you can get a copy of the trust.

Thanks again.

Customer: replied 10 months ago.
I have the deed it clearly says revocable trust, her name is ***** ***** it
Customer: replied 10 months ago.
does being homesteaded change anything?
Expert:  RayAnswers replied 10 months ago.

Then I am not sure she has an interest here.The trust may control who inherits it.Unless a court determines otherwise the presumption is trust owns it.But check the deed here and tax rolls to see if it is titled in trust name or both of them.The real issue here is that this was a trust created during marriage she has a marital interest here since it involved marital funds during marriage.

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