Legal Question in Wills and Trusts in Florida
can we omit a piece of property from our wills? we have a timeshare that we cannot get rid of, and no one in the family wants. can we exclude this property from our wills while leaving any other property to our childre?
thanks, Rita Pulson
3 Answers from Attorneys
Your property is your property. You can't exclude it from property that is probated unless you no longer own that property. Whether it's a timeshare, a car, or a couch, your option is to either sell it or give it away. The only difference for any real property, including a time share, is that it is more formal because you have to change the title to the new owner. If your kids don't want it, you should look into a charity. Good luck.
No need to exclude it. It can be sold for something and the proceeds disbursed. It can;'t really be "excluded" from the estate, but your heirs do not need to assume loans or mortgages.
Hi Rita: Yes, but if it is titled in your name it will still need to be probated under Florida Law. The only way to really exclude it will be to sell it or leave it to someone else. I would be happy to help you with your estate planning. www.floridawillmaker.com
Regards,
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