Legal Question in Wills and Trusts in Florida

In Florida you can not disinherit the spouse - so I would have to see the Will to understand your question. The house probably remains with your father and any residual property would go to your brother.

A Joint Mutual Will is generally a contractual agreement that the same cannot be changed by the surviving husband in the future, but terms of the Will become important as to the extent of the restrictions; there may also be an additional memo by the drafting attorney that further has the parents making a determination as to the extent (contruction) of the Will's restrictions.

If your father is competent then perhaps a reading of the will and the scope of the mutual could permit your father to presently give an interest by gift or sale of the property, or even have the same prepared by his Attorney in Fact through a Power of Attorney instrument, or legal document, however you had best give some consideration to actions the potential heirs of the joint Will may have against you such as: Tort action for invading their "vested" right to inheritance; Exploitation of the elderly father by you. While some influence is permitted toward your father, you need to get proper counseling as to "undue influence" and how the heirs would prove the same.

You could seek an informal opinion of the court prior to making any changes however you need to expect to incur substantial costs and fees and give proper notice to all other expected heirs. Again you need proper counseling and perhaps a psychologists opinion in writing as to your father's mental competency prior to his making any changes as you are suggesting, even as it may pertain to his now drafting a new power of attorney or other instrument. Hope this helps.