Writing a will on specific property, but not all properties I have

[reverse55]

What is the name of your state? Florida

Living in Florida and has a piece of land in Georgia and another piece of land in North Carolina. Now I want to write a will so that, after my death, the Georgia land goes to my daughter. However, I do not want to write any will on my North Carolina land. Is it possible to write a will on this specific property, that is, the land in Georgia only, to my daughter, or the will should specify each and every property I have and to whom it goes after my death? Both these lands are solely on my name and have clear titles.

 

[LdiJ]

What is the name of your state? Florida

Living in Florida and has a piece of land in Georgia and another piece of land in North Carolina. Now I want to write a will so that, after my death, the Georgia land goes to my daughter. However, I do not want to write any will on my North Carolina land. Is it possible to write a will on this specific property, that is, the land in Georgia only, to my daughter, or the will should specify each and every property I have and to whom it goes after my death? Both these lands are solely on my name and have clear titles.

Why do you not want a will on the NC piece of land? There may be a way to accomplish whatever it is you want to accomplish if you explain your motivation. I doubt that attempting to only include part of your asset in your will is going to accomplish whatever your reason is.

 

[Zigner]

Agreed. Not naming all of your property(ies) is a recipe for disaster for the administrator of your estate.

 

[reverse55]

Greatly appreciated. I include all my assets in the will and specify the beneficiary for each of them.

I have a joint land with my husband in Florida - the title is on both our names, as wife and husband. How can I include that land in the will?

 

[Zigner]

Greatly appreciated. I include all my assets in the will and specify the beneficiary for each of them.

I have a joint land with my husband in Florida - the title is on both our names, as wife and husband. How can I include that land in the will?

I suggest that you speak with a local estate planning attorney. It sounds to me like this is not something you should rely on strangers on the internet for.

 

[adjusterjack]

I have a joint land with my husband in Florida - the title is on both our names, as wife and husband. How can I include that land in the will?

Subject to verification by an attorney, in Florida, of your choice, if the deed uses the words "with right of survivorship" then, when one of you dies, the property automatically goes to the surviving spouse and you don't have to address it in your will.

However, without that specification, there may be other ownership issues at death which may complicate the transfer of ownership.

So, as Zigner suggests, consult an appropriate attorney so you don't leave a mess for your heirs.

Oh, and a word of personal advice, don't leave real estate jointly to anybody. I have read too many, almost daily, stories of the nightmares thar arise when offspring cannot, or will not, agree on the disposition of the property.

 

[Taxing Matters]

What is the name of your state? Florida

Living in Florida and has a piece of land in Georgia and another piece of land in North Carolina. Now I want to write a will so that, after my death, the Georgia land goes to my daughter. However, I do not want to write any will on my North Carolina land. Is it possible to write a will on this specific property, that is, the land in Georgia only, to my daughter, or the will should specify each and every property I have and to whom it goes after my death? Both these lands are solely on my name and have clear titles.

You need to see a Florida estate planning attorney. You live in Florida, a community property state. It is very likely that at the very least your property in Florida is community property. If that's the case if you die first your spouse will be entitled to half of all the community property regardless of what you put in your will. That only your name is on the title does not prevent it from being community property.

It is good practice to choose to whom each property goes. It doesn't have to be in the will; there are other ways to pass property at death while avoiding probate. You should discuss this with the estate planning attorney too. Bear in mind that if no plan for distribution of those properties is in place then the properties will go to the person who is first in to inherit from under the applicable state's intestate succession law, and it may be that the property in other states would be distributed under the intestate succession of the state in which the property. That makes for a messy and more expensive probate.

 

[reverse55]

Lot of thanks! I did some additional research after that.
In response to adjusterjack, any property in the name of wife and husband is generally a tenancy by entirety in Florida, Tenancy by entirety is "with right of survivorship".

In response to Taxing matters, it seems Florida is not a community property state but an equitable distribution state

 

[zddoodah]

You live in Florida, a community property state.

Ummm...what? Florida is NOT a CP state.

That said, I couldn't agree more that the OP should see an estate planning attorney.