Legal Question in Wills and Trusts in Florida
survivorship rights
I'm 54 and just married a sound 80 yr old man who has an old will naming his children equal beneficiaries to his estate. Since our marriage, he has made me co-owner of ALL assets and wants me to be his SOLE beneficiary. Do we need a new will to negate the previous one or as co-owner do I have survivor rights? Will a notarized statement signed by a witness stand up in court? Do I need to show he consciously, willingly made this decision on his own?
2 Answers from Attorneys
Re: survivorship rights
As co owner, the assets are yours. He should make a new will to cover other assets, since you are not mentioned in the old one, and would then have to seek your pretermitted share. If you suspect his family may raise any question as to his competency, have him examined by his doctor. Good luck.
Re: survivorship rights
Be safe and redo the will.
Proving joint ownership can be tricky on some things were there is no written title (like a car or house).
A notorized statement is not enough.
He does have to make the new will freely, be of sound mind, and without undue influence.
You are headed for a family fight, so get a will.
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