Legal Question in Wills and Trusts in Florida

I am amending our separate trust to include 50% each of our jointly owned home.

The surving spouse would be able to live in the home for up to three years before having to sell and split between estates. ( second marriage / his and her children)

My question is " Will changing my warranty deed to the names on the two trust agreements in equal shares along with the amended trust do what I want??


Asked on 7/28/09, 10:50 am

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Unless you have a valid pre/post-marital agreement, this will not work, because of Florida's strict laws regarding homestead. You need to consult with a knowledgeable attorney before implementing such a plan.

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Answered on 7/30/09, 4:39 pm


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