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If an un-married father and son own a house and the father passes away without making a will would the house go to the son 100%?

Daytona Beach, FL |

As I said he never got remarried, there is no will and it was purchased together by the son and father.

Attorney Answers 4


It depends on how the deed reads. If it says "Father and Son as joint tenants with the right of survivorship" then son automatically receives it. If it says something else or says nothing, then a probate is necessary. I recommend you have an attorney look at the title to determine whether you own all of it or not. You have my sympathy for the loss of your father.

The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button

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If the father or the father and son are the only ones on the title to the house and the son is the only heir, then the son will receive the father's portion but probate will be necessary if there is not a right of survivorship clause on the deed. Depending on the value of the house and when the father passed away, Summary Administration (an abbreviated and less expensive form of probate) may be available. 732.101 732.103 Florida law governing intestate succession (estates without a will) starts at section 732.101 of the Florida Statutes. Section 732.103 specifically states how property is distributed to heirs when there is not a surviving spouse. Should you need assistance or have any further questions, please feel free to contact me.

Douglas R. Coenson, Esq.
(561) 315-2120
Jupiter, FL

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It depends:
1 Was house owned jointly with right of survivorship-then yes
2 If owned tenants in common-No if your dad had other children.
3 If NO-would have to start a probate proceeding and distribute by statute

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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If the deed to the property states that it was owned by "you and dad, as joint tenants with rights of survivorship" then all you have to do is record a certified copy of your dad's death certificate (without cause of death) in the county where the property is located.
If the deed to the property just states that it was owned by "you and dad" and does not specify that your ownership was as joint tenants WITH RIGHTS OF SURVIVORSHIP, then your dad's ownership in the property will have to go through probate. Since he died without a will and was not married at the time of his death, the property will go to your dad's children after payment of the administrative fees/costs and creditors are satisfied.

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