Legal Question in Wills and Trusts in Florida
inheritnace vs marital income
Ok, here is the question and it, I think is a difficult one. My wife's mother died last august. Way prior to her dying, my wife was on all her money bank accounts as a joint person, she could do everything that her mother could do with the account, especially as her mother was 80 years old. When her mother died, because my wife on her joint account all the money just stayed where it was and her name was deleted from the account (or not) as she was deceased. The attorney sent out a letter to the heirs stating that the will was unfundable because the money in the account reverted directly to my wife because she was a joint person on the account. So, after all this, here is the question...is this inherited money or my contingent is that it is marital money because she had the money before her mother died therefore it is not inhierited. please advise...r.
2 Answers from Attorneys
Re: inheritance vs marital income
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Based on the fact pattern as you stated, this is not an inheritance as but a gift that was given during the lifetime of your wife's mother. I am sure that this is what the estate attorney already told you and you seem to not want to accept this. An inheritance is only a gift that results upon the death of a party.
Scott R. Jay, Esq.
Re: inheritnace vs marital income
I think you misunderstand something.
Florida is not a community property state. Take a look at Florida Statutes chapter 708, particularly 708.08. This certainly appears to be her seperate property. Just because she's married when she gets the money doesn't mean her husband has any right to it. It's irrelevant whether it's inherited money or gift money; it's her money and the husband would have no claim on it. There is no such thing in Florida as "marital money".
There is maritial income, but this isn't income, it's either an inheritance or a gift. Not all money is considered income, and this would probably not be considered income.
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