Legal Question in Wills and Trusts in Florida
Will vs. joint ownership
My mother in Florida has a will that is a contract that cannot be altered.
When her husband died, all their assets went to her. Her will states that upon her death her assets are to be divided equally between her two daughters (me and my sister)and her dead husband's two daughters. However, the deed for her condo has her name and her two daughters names on it. Also her few other assets also have our three names on them. Upon her death do the husband's daughters have any claims on the condo & other assets? Is probate necessary? Which takes precedence, the will or the way the assets are held? Can the other daughters sue us? If they sue, what are the chances of their winning? Her husband & their father died 6 years ago.
1 Answer from Attorneys
Jt. Ownership w/Survivorship vs. Will
Facts: Parent has will that cannot be altered. When spouse died, all assets went to survivor. Will states that upon death, assets to be divided equally between two daughters and two step-daughters. However, the deed for the residence is in joint names with two daughters. A few other assets also have three names on them.
Q.Upon parent's death do the step-daughters have any claims on the condo & other assets? Is probate necessary? Which takes precedence, the will or the way the assets are held? Can the other step-daughters sue us? If they sue, what are the chances of their winning?
A. The way the property is titled controls. If it is held with survivorship, then it passes outside the will and no probate is necessary for jointly owned assets. Anyone can file a lawsuit but the probability of winning depends on the facts underlying the right to sue. It doesn't sound like there are any grounds for suit based on your set of facts.
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