House owned by decedent and his mother as joint tenants was not homestead property for the benefit his minor children at his death. ( Probate, Will, Trust, Decedent, Real Estate, Attorney, Lawyer, Cape Coral, Fort Myers, Bonita, Lee, Collier, Florida )
Marger v. De Rosa, 36 Fla L. Weekly D214 (2011)
Decedent took title as joint tenant with right of survivorship accordingly his interest in the property terminated at his death and became the sole property of his mother as the surviving joint tenant.
Case Impression: Decedent should have taken title as tenant in common resulting in a 50% share of the house passing to his minor children at his death.
