Legal Question in Wills and Trusts in Florida
Our home and lot is in my wife's name only. She owned it before we were married. She cannot get health insurance. We are worried that she may have a lot of health debts if she were to pass away. I know the house cannot be touched now. But when the house passes to me in the event of her death can debtors get at it then? We have been married just over a year now.
2 Answers from Attorneys
Assuming the house is your primary residence and the debt in question isn't a mortgage, it should be protected from creditors. To be on the safe side, your wife should have an attorney draft (or review) a Will and she can convey the house so that it is in both of your names. I'd be happy to help your wife with either.
No, but you may need to speak with an estate planning attorney for a will, living will, and power of attorney. Regards,
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