Legal Question in Wills and Trusts in Florida
Putting Joint Property in your will
I have a stepmother who is terminaly ill and making her will; most of the items are property owned jointly by her and my father. Is that legal to give away something you only own 50% of, and if she keeps this will once they are both gone, does that mean her will would go into effect and everything would then go to whom she has assigned?
2 Answers from Attorneys
Re: Putting Joint Property in your will
One who makes a will can only validly devise that property she soley owns.Is there some reason that your Dad will not honor her wishes and exert ownership? She can give you her personal property during her lifetime. This sounds like a "family matter" that should be resolved peacefully.
Re: Putting Joint Property in your will
Property jointly owned by husband and wife passes at death to the surviving spouse. If the survivor dies being the sole owner of property, then it goes to the person(s) according to the will. Provision should be made to avoid the latter situation before death. She can give the property to whomever she wishes before she dies. Advice: resolve the issues before your father dies.
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