Joint Tenant Right of Surviorship

[bricedesign]

What is the name of your state (only U.S. law)? Florida
I have a somewhat lengthy question regarding my mother's Last Will &Testatment. I have recently helped her update both her Living Will and her Will. As it stands now I am currently living with her , caring for her as she is battling Cancer. The question is what happens in the event she passes away, she has a will I am the executor but her house (she is a widow) is set up as "Joint Tenant with Right of Surviorship" and it is with my brother. My mother is concerned that I will be out in the street once she has passed on because of the way her deed is set up? How should she include in her will that I will be able to occupy the house without recourse since I have given up my assets to be here with her and tend to her care? Should there be a seperate clause in her actual Will addressing this specific question? Thank you.What is the name of your state (only U.S. law)?

 

[Farfalla]

What is the name of your state (only U.S. law)? Florida
I have a somewhat lengthy question regarding my mother's Last Will &Testatment. I have recently helped her update both her Living Will and her Will. As it stands now I am currently living with her , caring for her as she is battling Cancer. The question is what happens in the event she passes away, she has a will I am the executor but her house (she is a widow) is set up as "Joint Tenant with Right of Surviorship" and it is with my brother. My mother is concerned that I will be out in the street once she has passed on because of the way her deed is set up? How should she include in her will that I will be able to occupy the house without recourse since I have given up my assets to be here with her and tend to her care? Should there be a seperate clause in her actual Will addressing this specific question? Thank you.What is the name of your state (only U.S. law)?

The will cannot impact the deed as it is written. You need to see an attorney to see if your mother can change the deed. Would your brother agree to such a change? An attorney can tell you if your mother can do it now without your brother's consent.