I'm probably going to be sorry for commenting. I'm not an attorney, but do have paralegal certification, since 1998. Only an attorney can legally give legal advice.
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If one of the owners dies…they are husband and wife.. does the surviving spouse now own the property ...
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First, is the property deed in both husband and wife's name; hopefully, with joint tenancy with rights of survivorship? If yes, then the surviving spouse is sole owner of the property (homestead) and then, any other federal or state law applies accordingly.
Just noticed:
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We have gone the trust route,
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How about a Trust attorney!
https://ansellpa.com/application/fil...RUSTS.2018.pdf