Legal Question in Wills and Trusts in Florida

If a will states all to go to two people and one of the people is already named on a home deed with the person is that included in the all estates assets?


Asked on 1/18/11, 7:18 am

3 Answers from Attorneys

Not exactly sure since I can't quite understand the deed language and the Will, but it sounds like that person not only gets their interest in the deed (because of the deed), but also their share that may pass through probate.

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Answered on 1/23/11, 7:33 am
David Slater David P. Slater, Esq.

Jointly held property goes directly to the survivor and is not estate property.

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Answered on 1/24/11, 4:46 am
Frank J. Pyle Probate Attorney Throughout Florida

As always, caveat emptor when receiving an answer from David Slater. Jointly held real estate in Florida passes to the co-owner upon death only if the parties are husband and wife or the deed states there is a right of survivorship.

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Answered on 1/24/11, 9:16 am


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