Legal Question in Wills and Trusts in Florida

without a will with adult and minor children

My husband and I own our home and its in both our names.The other land is only in his name.I have a small child from another marriage and he has two adult children.We currently do not have a will.If my spouse dies how will our home and land be protected forme?

Asked on 5/25/03, 9:11 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: without a will with adult and minor children

You are protected as to the home you own in joint tenancy with your husband. If either of you passes away, the survivor owns the property.

You are NOT protected in regards to the vacant land. The property will pass under the laws of intestate succession. I strongly suggest that you meet with an attorney of your choosing to draft wills to protect you and your spouse in the unfortunate event that one of you passes away. The cost of drafting a will is relatively inexpensive and should be handled by an attorney.

As an aside, most prepaid legal plans include will drafting at no charge to their insureds.

Scott R. Jay, 306-249-8000

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Answered on 5/26/03, 11:31 pm
David Slater David P. Slater, Esq.

Re: without a will with adult and minor children

The jointly owned property goes to the survivor. The land in his name would go into his estate and his family members would share as per intestate succession.

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Answered on 5/25/03, 9:48 pm
Frank J. Pyle Probate Attorney Throughout Florida

Re: without a will with adult and minor children

If you acquired the home while you were married, it will pass to you upon his death. The land would pass through probate as intestate property, one-half to you and one-half to his children, after payment of administration expenses,his creditors, and a family allowance to you of up to $18,000.

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Answered on 5/25/03, 10:28 pm

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