Property Ownership
A Florida property owner dies intestate (without a will) leaving a spouse and two children. Under Florida intestacy laws, the surviving spouse generally:
AInherits all of the property
BReceives 50% and the children split the other 50%✓ Correct
CHas no right to the property if there are children
DReceives 1/3 of the estate; children split 2/3
Explanation
Under Florida's intestacy statute, if the decedent leaves a spouse and descendants, the surviving spouse receives 50% of the estate and the children share the remaining 50%. This assumes all children are also children of the surviving spouse.
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Key Terms to Know
Joint Tenancy
Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
Right of First RefusalA contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
State-Specific Concepts
DRE Regulation
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