Legal Question in Wills and Trusts in Florida

Re: last will and testament

Jointly held property of a husband and wife automatically goes to the survivor. A spouse cannot be disinherited by a will. The only method is by a pre or post nuptial agreement.

Re: last will and testament

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.

Anything owned as joint tenants or in joint tenancy automatically goes to the surviving tenant upon the death of one of them. A spouse has certain rights in the marital residence and personal property contained therein. Further, the surviving spouse can claim a spousal interest in the decedent's estate which is equal to 30% of the estate unless there was a prenuptial or postnuptial agreement in which the parties specifically agreed otherwise.

Scott R. Jay, Esq.

Re: last will and testament

If your mom died in Florida, Florida law regarding the will will control. Without looking into the specifics of Floriday law, the property she can gift by will includes her interest in and to all assets that are not his. Under Florida law he may well have the right to "elect against the will." When the right exists it allows a spouse to elect to surrender any right to take by will and in place of that take certain statutorily defined assets and interest. If you have consulted a Florida attorney about this and are not clear on the answer, get a second opinion. Ask the attorney for what legal references he or she can provide, statutory or case law, upon which the opinion is based.