Legal Question in Wills and Trusts in Florida

Re: Can Parent Will a Percengtage of Home

Having multiple owners owning small percentages of a property creates a host of problems and almost always shjould be avoided. In addition, if your mother owns the home with your father, it almost certainly is owned as a joint tenancy with right of survivorship. As such, when she dies, the house becomes your father's and there is nothing to will to anyone.

Re: Can Parent Will a Percengtage of Home

1. If your mother and your father own the house "jointly" it automatically becomes your fathers upon your mother's death.

2. Because it is her "homestead" even if she did own it, because she is married she is not allowed to devise it to anyone other than your father, and if she has minor children, she cannot devise it to anyone at all.