Legal Question in Wills and Trusts in Florida

wills

my motherinlaw wants to leave her son the housethe house is with her name first on deed how can she leave us the house if her husband doesnt want to live there after her passing ,what does she need to do


Asked on 7/17/07, 10:21 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: wills

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 simpliest method would be for both your mother-in-law to write her will giving the house to her son providing her husband chooses not to live there. It will pass to him upon her death subject to a life interest in the husband.

If the husband is willing to give up his interest, both parties can execute a Quit Claim Deed from themselves to themselves for life with a remainder to son. Your husband should meet with an attorney to review both possibilities and determine which best fits the needs of the parties.

Scott R. Jay, Esq.

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Answered on 7/17/07, 12:01 pm


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