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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
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Experience:  Estate Law Expert
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If my dad married for a second time and he purchased a property

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If my dad married for a second time and he purchased a property in FL; on the event he passes away, can he create a will placing me as the beneficiary of his half of the property?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Did he purchase this property after marriage? Are both he and his wife on the title? How is title held...i.e., do they hold title as "joint tenants with right of survivorship" or as "tenants by the entirety"? Is this their principal residence? Thanks.
Customer: replied 4 years ago.
Yes, he purchased the property after he married who is today his second wife. Yes, both of them are on title as well. I am not sure if they hold title by survivorship or as tenants by entirety. How can I find out which of the two is it? They purchased the residence as a vacation home since they live in CA, but, are planning to eventually retire in FL.

Do you think is possible he can include me(I am his son from his first marriage) on his will if he wants to transfer over to me his half of property ownership(contemplating they have a loan with the bank of about 45% of the value of the property today?

I look forward to your response.
Thanks. I'm going to opt out because I think given the multiple states involved, I believe you'll be better served by a CA or Florida-based expert. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

He can leave his half to you IF it is not joint tenant with right of survivorship. If it is then he would have to get her it sign off on it as well, change the deed, etc.

You can tell by looking at the deed and seeing if it has that language on it. However, sometimes the language is buried or uses slightly different terms (although that is unusual) so the best thing to do is get a copy of the deed and if you don't immediately see the words "joint tenants with right of survivorship" then take the deed to a local lawyer and get them to look at it.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33554
Experience: Estate Law Expert
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