Legal Question in Wills and Trusts in Florida
will and testement
Florida law states (second wife) surviving spouse gets legal ownership of all joint accounts, property, etc., upon death of spouse. Deceased spouse has left a last will and testament leaving his half of all such assets to his surviving family member. Because of (Fl.) state law, does this make will null and void or is there recourse to carry out decease's wishes. What is proper procedure and chances of recouping will�s demands?
3 Answers from Attorneys
Re: will and testement
This is a matter for a Florida Probate lawyer. Consult one asap.
Re: will and testement
All jointly held property goes to survivor. Will controls all other property, if any.
Re: will and testement
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.
All jointly owned and titled property passes to the surviving owner (tenant) upon the death of one of them outside of the estate. The will has no effect on this property. The remaining property will be controlled by the will but subject to Florida laws.
Scott R. Jay, Esq.
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