Legal Question in Wills and Trusts in Florida

Estate planning with property and dual ownership

MY wife and I live in an own a house with my mother in law. We want to add on (lots of $$$ involved). We would like to take mom's name off the deed, we are affraid if she needs nursing home care we would have to refince for 50% of poperty value based on our undersatnding of current law. How can we remove her name and still give her peice of mind, she likes the idea of ''ownership'' and doesnot want to give up her title. I was wondering if there was a conditional title with provisions for this situation?


Asked on 8/07/04, 1:01 pm

1 Answer from Attorneys
Douglas R. Coenson, Esq.

Re: Estate planning with property and dual ownership

As long as your mother-in-law is on the title to the house, she has a legal interest in the property. In order for her name to be "removed" from the title, she must be WILLING to VOLUNTARILY deed her interest to you and your wife.

I strongly caution you in trying to take action to have her deed the property to you. If she is COERCED in conveying property to you, not only can the transfer be voided but you can be subject to legal sanctions.

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Answered on 8/07/04, 3:02 pm


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