Legal Question in Real Estate Law in Florida

Re: Putting property in two names & Making new wills

1. He can sign a new deed to himself and you as husband and wife, with right of surviviorship.

2. Preparation of a will depends on each families circumstances. Further info is required.

Re: Putting property in two names & Making new wills

Out of office last week.

Call me when convenient.

Not complicated or expensive endeavor.

Re: Putting property in two names & Making new wills

Mr. Slater is correct that a new deed transferring title to the property from your husband to your husband and you is one way to accomplish what you seek, but you must first read the mortgage very carefully to make sure it does not prohibit a transfer of the title to the property in such fashion. Generaly, most mortgages contain a "due on sale or transfer" clause that essentially says that the entire mortgage note becomes due upon the transfer of any interest in the property by the owner/mortgagor. If so, your husband would need to contact the mortgage holder to learn if it would agree to allow the transfer with the understanding that you would join on the mortgage. You should meet with an attorney experienced in matters of this nature. My practice areas include real estate transactions, but not wills, trusts and estates, which is the area that relates to your other question about wills or living wills, which I believe are two entirely different things. I can refer you to another attorney who is an expert in that field. You should consult with a qualified attorney before taking any steps that may come back to haunt you and your spouse.

Re: Putting property in two names & Making new wills

Consult with counsel. If you are not too distant from my office, call for an appointment, 305.940.8080.

Re: Putting property in two names & Making new wills

Firstly, a will and living will are different. A living will is not even a will at all. It is a document that expresses your wish to not receive artificial life support in the event you become in a persistent vegetative state or reach an end-stage condition. My practice focuses on wills and trusts. I serve throughout Florida and would be happy to assist you.