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How can I leave my home to one of my children in my Florida will?

How can I leave my home to one of my children in my Florida will?

Q: Can you challenge right of survivorship?

Challenging a right of survivorship can be difficult, as it is a legal arrangement that takes precedence over a will. However, if there are grounds such as fraud, undue influence, or lack of capacity at the time of creating the joint tenancy, it may be possible to contest it. Legal advice is recommended for specific cases.

Q: What does 'with rights of survivorship' mean?

'With rights of survivorship' means that when one owner of a property dies, their share automatically transfers to the surviving owner(s). This arrangement is common in joint tenancy and ensures that the property does not go through probate, simplifying the transfer process.

Full question:

I am working on my WILL. I have five properties with a Right of Survivorship to my children. My question is? I own my own home and I own this house but it is in MY NAME ONLY. How can I leave this house, (without a right of survivorship) and the house will go to whom I choose when I die. Thanks, June Please call or email me HOW TO WRITE MY WILL with my personal home only in my name and I want to leave it to one of my children

Category: Wills and Estates
Date: 04/07/2025
State: Florida

Answer:

Certain assets are not included as part of a person's estate and may pass outside of probate, such as trust assets and transfer on death accounts or property owned by joint tenants which passes under a right of survivorship when one tenant dies.

Any other property owned by the deceased would be passed through the will. When drafting a will, a testator/testatrix may bequeath or leave property to whomever he or she desires. Under Florida law, your property may be given to anyone you choose, with certain exceptions, after your estate debts are paid.

But note that in Florida, one exception is for homestead properties. A homestead (the residence and adjoining lands) cannot be devised by will if it is: 1) up to acre in size within an incorporated town or city up to 160 acres in size outside those limits; AND, 2) the testator is survived by a spouse or minor child.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does joint tenancy with right of survivorship override a will?

Yes, joint tenancy with right of survivorship typically overrides a will. This means that when one joint tenant dies, their share of the property automatically passes to the surviving joint tenant(s), regardless of what the will states. Therefore, if you want to leave property to someone else, it's important to consider how the property is titled.