Legal Question in Wills and Trusts in Florida
Disposition of joint tenant assets
My sister is 80 years old, and her husband is 83. Their assets are completely jointly owned. If she should die first, She has told me that she would like to leave me x # of dollars. But she does not want to disclose this to her husband.
Would a codicile to her will be legal or what would be nesessary to do this?
Thank You
Patsy
2 Answers from Attorneys
Re: Disposition of joint tenant assets
She would need to try to get her husband to sign over something to her alone or try to change the title on her property so that her part of it does not automatically go to her husband at her death.
She can also or in addition execute a codicil or a new will making you the beneficiary of her estate or part of it. Don't forget that if he dies before her, everything becomes hers and she can then dispose of her estate as she pleases.
She can also leave you her personal property such as jewelry in a separate writing as long as it is dated and signed. She should keep it with her will.
Re: Disposition of joint tenant assets
If they are truly joint, they belong to the survivor upon the death of the other party and will not pass under the will.
Scott Jay, Esq., 305-249-8000
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