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 !
3 Answers from Attorneys
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.
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.
Re: will and second marriage
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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.