Florida  |  Wills and Trusts

Legal Question

Asked on: 3/20/10, 1:49 pm


My wife and I own a home we are currently still paying off. We still have about 11 years to go before the house is paid for.

Question: If my name and that of my wife is on the paperwork and at the bank showing that both of us are the co-owners of the property, if I was to die; would my wife lose all rights and ownership to our home unless there was a last will and testament stating that the home would be turned over to my wife? My sister-in-law swears up and down that it makes no difference if the bank shows that we are the co-owners. She insist that it must be clearly detailed on a last will and testament. Can you please shed some light on this subject since my sister-in-law says that it does matter what the bank says, it's what the law requires. Does that mean that the ton of paperwork I have from the bank showing my wife and I as owner of the property is not according to the law? That would be a first.

Thank you for your time and consideration on this matter.


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