Legal Question in Wills and Trusts in Florida

How should my mother leave her condo and possessions to me?

My mother is not a wealthy woman. I am her only living child. She wishes to leave her condo, her investments (if they are still intact), and her possessions to me upon her demise. What is the best way for her to do so that would be the most expedient and least costly? Would it be a Revocable Trust? A straight-forward will?


Asked on 1/21/04, 2:32 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: How should my mother leave her condo and possessions to me?

The least expensive way is to add you to all the documents as a joint owner. The easiest way is for her to leave it to you in a will.

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Answered on 1/21/04, 2:45 pm
Craig Dorne Craig M. Dorne, PA

Re: How should my mother leave her condo and possessions to me?

NOTE: This communication is NOT intended as and should NOT be interpreted as legal advice. Rather, it is ONLY provided FOR a general discussion of legal principles. The facts you provided DO NOT provide ALL of the details necessary to FULLY and PROPERLY respond to the question you have posed. 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 below, you AGREE: (i) that the opinion expressed is NOT intended to be legal advice and DOES NOT constitute legal advice to you or any person reviewing such information; and (ii) DOES NOT, create any attorney-client relationship and WILL NOT be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Based upon the limited information, you might consider with legal cosultation preparing a quit claim deed for the condo retitling the preoperty to you and your mom as joint tenants with right of survivorship. You could also have yourself added to the bank accounts and the like. Consult a local attorney with alll the facts and values of the assets to see how this can be done.

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Answered on 1/21/04, 2:46 pm

Re: How should my mother leave her condo and possessions to me?

You have several options. For Bank Accounts, she can go to the bank and set up her current accounts as POD (Payable on Death). She would name you as the beneficiary and upon her passing the accounts get paid to you.

For the condo, she can execute a Quit Claim Deed naming you as a Joint Tenant with Right of Survivorship (JTWROS). There is a minimial tax involved for doing this (documentary stamp tax) but it is simple to do.

For other items, the best and least expensive way is for her to start giving some of them to you now. In any and all cases, she should have a will to cover any remaining assets, including assets she may possess in the future. Lastly, think of other assets such as stocks. These can also be possessed as JTWROS. If all this is done correctly, only assets in the will are subject to probate. In Florida, probate for a small estate is generally quick and simple.

Should you have additional questions or need assistance, please feel free to contact me via email or phone at (407) 353-4728.

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Answered on 1/21/04, 2:58 pm


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