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Florida Estate Laws

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sotired

Guest
What is the name of your state? South Carolina.

Re: Florida Laws

My dad remarried a wonderful woman. They have been together for 20 years. They reside in Volusia County. Each has their own basic will.

Each one wants to ensure their wishes will be followed in regards to their home. It is under both their names. The surviving spouse, when ready, will sell the home & keep 50% of the earnings & divide it amongst herself/himself & his/her children & the deceased children. Their attorney stated these terms cannot be put into a will, the property automatically is inherited by the surviving spouse & that person may do whatever they want with the proceeds of the home if they decide to sell it.

Their estate will not exceed $300,000. After funeral expenses & paying off bills, the estate is minimal.

Neither my dad or step mom want it this way but there seems to be solution to this problem. In N.J. a person can stipulate any special instructions in their will, in Florida no. We all want the same thing. Both parties & both families agree on this but we all know a verbal agreement does not stand up in court & money at times changes people. We all want it in writing to assure no future problems. Is there a solution to this problem?

Thank you.
 


Dandy Don

Senior Member
Have the attorney draft a contract or letter of agreement that is not a part of the will, but still signed by the participating parties
 
S

sotired

Guest
This is interesting because when we spoke to the attorney drawing up the will, he said nothing can be done; there were no options of any kind. Maybe we should consult with another attorney. Thank you for the suggestion. Hopefully this can be done.
 

ALawyer

Senior Member
It may be that it would be wise to have them deed the property from their names as tenants by the entirety or joint tenants to themselves as tenants in common, so that the other does not automatically inherit the entire property at death, and this way, with an agreement, each easily can leave 1/2 to their children. The agreement might also specify that the other is to enjoy the right to occupy the whole premises rent free, so long as it is their princiapl residence -- this is a bit different from a conventional life estate -- or something similar -- in the property
 
S

sotired

Guest
Thank you. Another good suggestion that I will bring up with his attorney.
 

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