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My mother and her husband are planing to divorce, they are…

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Second opinion] my mother...

Second opinion] my mother and her husband are planing to divorce, they are still negotiating about the assets, so my mother wants to write a will to protect her children, she wants all her 50% of assets to go to her children. she is afraid of dying before they file for divorce then her husband will get everything. can she give him a $1 to eliminate him from getting her assets ?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

Not yet, they are still negotiating the assets and the business .

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They have a homesteaded house and couple rentals and stocks and $400000.00 in thier saving, and a business that brings $300000.00 a year

Submitted: 3 months ago.Category: Legal
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11/7/2017
Lawyer: INFOLAWYER, Attorney replied 3 months ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 59,672
Experience: Licensed attorney helping individuals and businesses
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She can engage in an estate plan as to her share of the assets. Estate counsel can draft it. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 3 months ago
I don't understand.
Customer reply replied 3 months ago
Please let me explain the situation
My mother Mina and her husband Mark are planing to divorce, they are just negotiating the assets and the business.
So Mina decided to write a will in order to protect her 50% share of assets and business with her husband Mark, so that her children get this 50% of her assets if she passes away before filing for a divorce or before the divorce is finalized.
Mina and her husband Mark own a homesteaded property where they reside (its estimate is $500,000.00) there is no mortgage on it.
They own two rental properties (bought cash, their estimate are: one is $210,000.00 and the other is $210,000.00)
They have $200,000.00 in stocks business.
They have $300.000.00 in their saving.
They own a servicing company that brings $200.000.00 each year as income.
Mina wants to write her 50% share of assets with Mark to her two adult children in her will in case she passes away before filing for the divorce.How can she protect her 50% of assets from a husband who is divorcing her, in case she passes away and give it to her children in a will?
Can she write $1 for her husband in her will (to eliminate him from going after her 50% share of assets, if she passes away)?Please kindly advise.
Lawyer: INFOLAWYER, Attorney replied 3 months ago
She can leave assets to children by trust. Normally once divorce finalized she is free to disinherit ex spouse. An estate lawyer can handle the trust and matrimonial counsel would negotiate equitable distribution and support.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 3 months ago
Because they are planing to divorce, the court will dismiss transferring the assets into trust and it may consider it fraudulent
is there other solution to protect her half shared assets with her husband?
Lawyer: INFOLAWYER, Attorney replied 3 months ago
A sound trust for benefit of children as to her assets would not be disturbed. Seeking to move marital assets on the other hand would be scrutinized. Another option is direct gifting along the lines of the trust.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 3 months ago
she can not gift, because all her assets are shared with her husband, both their names are ***** ***** properties. each one has 50% share.
Lawyer: INFOLAWYER, Attorney replied 3 months ago
If assets titled in both names with right of survivorship then needs to complete divorce and then can transfer what parties through counsel agree on or what court orders in its judgment. if I can elaborate on anything, just ask me. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 3 months ago
They didn't file for divorce yet, because they are still negotiating the assets. The assets titled in both names.she has 50% and he has 50%.
please tell me how can she protect her 50%of shared assets with her husband in a written will, in case she dies before filling for divorce or the divorce is finalized?
I am not talking about after divorce, but I am talking about the period before filing for divorce and before the divorce is finalized.
how can she protect her 50% of shared assets in a will, and make sure if she dies before divorce is finalized that her share of assets goes to her two adult children?
Lawyer: INFOLAWYER, Attorney replied 3 months ago

She can place assets in trust in her name alone, and for assets in joint name can place her 50 percent interest in trust

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Customer reply replied 3 months ago
All the assets are in joint name (both her husband 's name and her name).
How can she put her 50% of shared assets in trust? can you please explain how?
Lawyer: INFOLAWYER, Attorney replied 3 months ago
The trust would identify the equity in the assets only. Otherwise need to wait for the divorce. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 3 months ago
I really didn't understand you
can you specify more
can she put her 50% of shared assets in a trust?
if yes, then how can she do that?
Please answer me with detail if you can
thank you
Lawyer: INFOLAWYER, Attorney replied 3 months ago
The trust would have a schedule.
The shedule would list her assets. If held jointly it would identify her percentage. This would remove her equity into the trust. if I can elaborate on anything, just ask me.
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