Legal Question in Wills and Trusts in Florida

Re: Home in Will or Probate:

If you are on the deed as a joint tenent with rights of survivorship it will go directly to you. If your mother is the sole owner then it will go through probate and be distributed pursuant to the will. I am assuming she is not now married.

Re: Home in Will or Probate:

yes-it will be probated like any other asset that which are not in a trust,pay on death, or joint titled assets correctly done.If you would like me to assist you mother update her estate plan send me an e-mail with your phone # to discuss further.

Re: Home in Will or Probate:

NEITHER HAVING OR NOT HAVING A WILL, NOR HAVING OR NOT HAVING AN ASSET LISTED IN A WILL, DETERMINES WHETHER AN ASSET GOES THROUGH PROBATE. What determines whether an asset goes through probate is how it is owned or titled. If an asset is held in a decedent's name alone (no co-owner with right of survivorship)and does not have a beneficiary named on the specific account or asset, it will go through probate. The three usual ways to avoid probate are joint ownership with a right of survivorship, beneficiary designation on the specific asset, or through use of a revocable living trust.

Re: Home in Will or Probate:

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the property is titled in both names as joint tenants with right of survivorship, it would pass immediately upon the death of one tenant to the surviving tenant regardless of whether or not it is listed in a will. The property vests in the surviving tenant outside of probate.

Scott R. Jay, Esq.