Legal Question in Wills and Trusts in Florida

To answer your question fully, a full review of the deeds to you and your wife's real estate properties will be helpful. In answering your question, I will assume by "living will" that you mean "living trust" because a living will expresses one's desire to be put on life sustaining medical devices (think: Terri Schiavo). I hope your wife used an attorney to do all that you mentioned and not legalzoom or an equivalent because what she is doing is quite complicated for the unweary.

Nonetheless, if your wife executed a living trust naming your daughter beneficiary then nothing will really happen to either her interest in the real estate or your interest in the real estate. She would have to execute a deed devising her interest in the real estate to her trust. Her actions would not affect your ownership interest in the real estate as long as the deed giving you the real estate has your name included as a grantee.

If the real estate you mention include you and your wife's homestead, then that could further complicate the matter.

A living will cannot distribute property. A living will details your wishes regarding medical care and life saving procedures. If you own the home as husband and wife, then your wife cannot transfer ownership. Even if you are not on the deed or weren't married when you bought the house, you may have homestead rights if this is your primary residence. Florida law is a little different from other states in regard to homestead. The problem with using forms or kits is that they provide no legal advice. Since you are married, it would be a good idea to go sit down with a Florida estate planning attorney to work out these issues and determine what to do with your property together.

Regards,

Lesly

www.floridawillmaker.com

licensed in FL, MD, DC

As the other attorneys have stated, you seem to be confusing "living will" with "living trust." Also, I presume that in addition to the living trust, a deed is conveying her interest into that trust. If not, then nothing happens to the realty. Creation of the trust is step one. Funding the trust by a transfer or conveyance is step two. Missing either one defeats the process.

To answer the question correctly, I would need to know if the property is your homestead or not. If it is your Florida Homestead, then no effective transfer by deed can take place without both signatures.

If it is not your Florida Homestead, then I assume you own the property together with your wife. If so, then yes, your wife can transfer her interest into a trust by deed without your permission, and name someone else as trustee of the trust. If the ownership was husband and wife or jointly, this breaks the joint relationship and converts it to a tenant in common, an undivided half interest each.

As to contesting. Anyone can contest anything, at anytime, for any reason, so long as they are willing to pay for it. It does not mean they will be successful, nor can I tell in this case. We have open courts and allow lawsuits whenever someone want to file one.