Legal Question in Wills and Trusts in Florida

Re: Estate Property Rights

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You have a right to give whatever bequests you want to whomever you want with certain limitations. You should meet with a qualified attorney to discuss your estate and have your will properly written. If you attempt to do it yourself and there are errors, it may not be admitted to probate and then everything would go to your wife and your son would get nothing.

As to the real property, the current ownership as shown on the deed will control how it will pass upon your death. If title is now in joint tenancy, it will go to the surviving tenant which seems to be your wife. This should also be reviewed by your attorney to make sure it has been titled properly to ensure that you can give your 1/2 interest to your son. Please note that it may be subject to a life estate in your wife regardless of what the deed or your will say.

Scott R. Jay, Esq.