Legal Question in Wills and Trusts in Florida

will and second marriage

I am Canadian and became American when I married my second husband...Previous to my secon marriage I have a house in Canada on my name. My second husband and I only have savings account, car and furniture in USA...I would like to know if my asset in Canada goes to my children (from my fist marriage) or to my second husband?

Thank You !


Asked on 6/15/07, 11:50 am

3 Answers from Attorneys

Gordon Nicol Law Office of Gordon T. Nicol

Re: will and second marriage

If you want to ensure the assets are dispersed the way you like you should have a Wills drafted, in both Florida and in the providence where the property located in Canada. Be sure the Wills are drafted and executed in accordance with all local laws.

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Answered on 6/15/07, 12:18 pm
David Slater David P. Slater, Esq.

Re: will and second marriage

Since the property is in Canada, check with a Canadian Attorney. I would imagine your spouse would be entitled to the house.

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Answered on 6/15/07, 12:21 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: will and second marriage

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The house would pass according to Canadian law. You will need to speak with a Canadian lawyer to discuss the specifics.

If you wish to give it to your children, I would suggest that you discuss it with your husband and if agreeable, make a deed giving your children what amounts to a remainederman's interest in the home upon your demise. Have your husband join in the deed thereby waiving any interest he might have as your spouse.

Scott R. Jay, Esq.

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Answered on 6/17/07, 9:27 pm


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