Legal Question in Wills and Trusts in Florida
Father's Will
My father died over four weeks ago in the state of Florida. His Will has yet to be filed in public records. His lawyer states he does not need to file it because it is not going to be probated. Is this true? He also states that they had joint tenancy? What constitutes joint tenancy...their deeds reflect husband and wife is that the only verbiage needed to constitute ''joint tenancy'' or is it necessary to put it in the Will?
1 Answer from Attorneys
Re: Father's Will
Well there must be some assets that you are concerned about, if it's the house, owned as husband and wife, this is not simple "joint tenants" but "entireties" which is similar to a form of ownership rights called "rights of survivorship". The lawyer is right, your father's wife (whether or not this is your Mom) inherits the house outright. There is not much to do unless the house was his homestead and he had minor children, or if you feel there was some undue influence by the wife.
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