If my sister inherited a share of a condo and then got married after which she suddenly passed away, is her husbandentitled to her share?

Asked on August 28, 2011 Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  The answer to your question really depends on how the property was held with the other owners.  Was it held with "rights of survivorship" or just as tenant in common or joint tenants?  If it was held with rights of survivorship with the other owners then her share passed to her at the time of her death.  If it was not held with rights of survivorship then her share was part of her estate for probate.  If she dies with a Will and left her share to her husband then it is his.  If she dies with a Will and the property was not mentioned then it either passes through the remainder clause or through intestacy (I am gathering the latter as Florida has certain requirements for the transfer of real property of a decedent).  If there is no Will and it passed through intestacy then her husband gets his elective share under the law and if there are children they are beneficiaries as well.  Get help.  Good luck.

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