Legal Question in Wills and Trusts in Florida

my ex agreed and i have a divorce juidgement that if he sells the home or dies it is to be sold and i get half. should he will it all to his children , does his will void this agreement or if he puts it in a trust for his grandkids will i loose my share

Asked on 8/11/13, 4:57 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

The title to the house will control. If you own as tenants in common then you get your share upon sale or death, but his share goes to whoever are his heirs or transferees. If you own as tenants in common he cannot void your share by transferring his share to anyone else. He only transfer his interest. Seek legal guidance with your actual paperwork to make sure you are protected.

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Answered on 8/11/13, 5:45 am
Dean Bress Bress Law Firm

Who has legal title right now? Did the judgment require your ex to put 50% of the house in your name if it wasn't already. If you do own 50%, then he cannot divest you of your interest no matter what he does with his 50%. If you were represented by an attorney in your divorce proceeding , why don't you ask that attorney for an answer to your questions? You have a right to be comfortable with your situation so you don't worry unnecessarily. Your attorney should be more than happy to explain your situation to you and answer your questions. Its part of his or her representation.

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Answered on 8/12/13, 2:22 pm


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