Legal Question in Wills and Trusts in Florida

My sister, mother, and I are co-owners of an investment account, left to us by our father, who was married to our mother for thirty-one years until his death. We also co-own our family home, which was quit claimed to my sister and me from our mother, whose name is also on the deed. Our mother's husband of six years, however, feels that he is entitled to both the money in the investment account, and to the property. We explained to him that our father left the inheritance money to our mother and his descendants, and that we intend to continue to honor his wishes. He is not at all happy with this. He claims that he thought that he because he was her husband, that he should automatically receive both. He has also stated that if he would have known that he was not going to receive the money or property, that he never could have married, and that the marriage is based on a lie. Unfortunately, our mother, during her marriage to him, has developed dementia, she is coherent for the most part, but gets confused on occasion. He is also verbally and emotionally abusive to our mother, and often tries to come between us. She, however, will not leave the relationship. We feel that if something were to happen to our mother, because her name is on both the account and the property that he will still try to claim both of these in some form or fashion. We would like to know if there is a way that we could legally, with the permission of our mother, have her name removed from both the property, and the account, to keep him from claiming it without him trying to contest it later and say that, because of her condition, we coerced her into having her name removed.


Asked on 9/21/16, 10:08 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

If she has dementia how can you obtain valid permission? As her spouse he will inherit her share of assets.

Read more
Answered on 9/21/16, 10:29 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

He would be entitled through the Estate to her share or he could claim an elective share. It really depends on exactly how the property is titled. You should seek some legal guidance now before your mom passes and before he does anything about the assets.

Read more
Answered on 9/21/16, 11:11 am
Lucreita Becude Lucreita D. Becude, P.A.

My colleagues are correct. I suggest you have your mother taken to a doctor who can determine if and how far along she is with her dementia. If she is still of sound mind, then she could pass the property on to you and your sister. If she is beyond that stage then I suggest you have a guardianship filed on her and ask to be the plenary guardian of her assets and where she should reside. He may still try to inherit her portion of the benefits but if a trust was drawn up it is likely that if she should pass then the assets may pass directly to you and your sister and there would be no share to him. Have a probate and trust attorney look at the documents. Also if he is being cruel to your mom, place an injunction for protection against him under the guardianship if you obtain one.

Read more
Answered on 9/21/16, 12:58 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida