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Illness

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Dunkin

Junior Member
FLORIDA ... My spouse has been diagnosed with a terminal illness. We own a home together and vacant land as investment property. Both are in joint ownership. If my spouse should pass on, can either property be left to my spouses children of a previous marriage?
 


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seniorjudge

Guest
You can dispose of your real estate any way that is legal. What is it that you want done with it?
 

Dunkin

Junior Member
Thank you seniorjudge. The issue is whether my husband will try to leave his half of our property to his children of his first marriage. They do not live with us, nor do they even live in Florida. They reside in New York. If this should happen, can I contest??
Dunkin...
 
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seniorjudge

Guest
Dunkin said:
The issue is whether my husband will try to leave his half of our property to his children of his first marriage.
Shouldn't you ask your spouse about this?

In general, jointly held assets go immediately upon death of one joint tenant to the surviving joint tenant(s).
 

Dunkin

Junior Member
illness

You are most correct seniorjudge. I should discuss this issue with my husband, however I feel that communication skills are most useful when both parties participate. Our marriage unfortunately lacks in that arena and many others as well. If he weren't so sick, I might be visiting your divorce forum instead. Thank you for your advice.
Dunkin...
 
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seniorjudge

Guest
In general, jointly held assets go immediately upon death of one joint tenant to the surviving joint tenant(s).

Ask a lawyer in Florida if what I have said is true in Florida. Have a copy of your deed handy when you ask that question.
 

nextwife

Senior Member
When you state these are "owned jointly", do you mean they are held as "joint tenants" or do you mean you own them together with your husband, perhaps as "tenants in common"? It is VERY important to know exactly what the deed language says on both properties. The form of ownership impacts what may be done upon the death of the other.
 

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