Legal Question in Wills and Trusts in Florida

writing a will
My husband and I own a home in Florida. The house is in both of our names. I sold my previous home and used some of my daughter's money to purchase the home we live in now. We do not have children together. But have children from previous marriages. All children are 18 and over. We want to leave our house to my daughter only in our will. Is that possible? Can his children contest the will? How can we ensure that my daughter will get our house even if I die before my husband? She has a vested amount in the home. Thank you I look forward to your reply.

Asked on 4/08/08, 1:05 pm

2 Answers from Attorneys

Phillip Day Law Offices of Phillip Day, P.L.

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Re: writing a will

This is a tricky question because it involves homestead law which complicates postdeath transfers. If your daughters name is the deed, then it may help in the transfer but I would agree that a postnuptual agreement would be advisable whereby both you waiver certain rights. The other option is to give the money you and your spouse believe you owe her from the loan to purchase the home, but of course, as always, consult an experienced estate planning attorney who can help you weave through the issues that arise in any transaction. Hope this helps.

Answered on 4/16/08, 1:12 pm

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