Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

How are you today? I have more questions about the same

Customer Question
Hi again, how are you today? I...
Hi again,
how are you today?
I have more questions about the same subject ( protect my mother half of shared assets with her husband in case she dies before filing for divorce or the divorce is finalized, and pass all the assets to her two adult children).
I found out that my mother and her husband own all the assets in joint tenancy, which means that if my mother dies today; her share goes automatically to her surviving husband, no matter what her will says.
So my question is:
What should my mother do to make sure that her two adult children inherit all her half of shared assets, with her husband, in case she dies before filing for divorce or the divorce is finalized?
Submitted: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 18 minutes by:
11/10/2017
Lawyer: Ray, Lawyer replied 8 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,173
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 8 months ago

In Florida here she needs to move forward with divorce and proeprty settlement.No other way to fix that.If they cannot reach settlement then have court divide it.You are correct any JTROS goes to survivor here.She needs to file and resolve it all.If she has accounts with JTROS she can open new account and transfer her half to it.Sorry but if she did JTROS then divorce is the only way and then JTROS with children or will.Encourage her to file here, and get this resolved.Best thing she can do long term to leave it to children.

Me

Lawyer Referral Service

Request A Referral Online 24/7

Phone(###) ###-####br />Monday through Friday
8:00 a.m. to 5:30 p.m.

Thanks again and thanks for rating 5 star

Ask Your Own Legal Question
Customer reply replied 8 months ago
hi
How can I find the title of a home online?
Lawyer: Ray, Lawyer replied 8 months ago
Ask Your Own Legal Question
Customer reply replied 8 months ago
Hi,
how are you today? I hope you are well
My question is:
If a husband and wife own a homesteaded property as joint in common, and in case of death of wife with a will inheriting her 50% of shared home to her children.
So what is going to happen?
Is the husband going to inherit 100% of shared homesteaded property?
or is going to be able to live in that home and his step children will inherit the 50% interest of their mother, after his death?
Lawyer: Ray, Lawyer replied 8 months ago

Joint tenants with right of surivorship passes to the survivor, the deed has to state that it is JTWROS otherwise they are tenants in common.She can will her 50% of TIC to whoever she wants, court would order it sold.

Now if this is TIC and there is no will it passes as below

In Florida, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:

If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from previous relationships. Your surviving spouse inherits everything.

If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has descendants from previous relationships. Your surviving spouse inherits half of your intestate property and your descendants inherit the other half.

Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $200,000 worth of other property that would have passed under a will, so Karen inherits $100,000 worth of that property. The remaining $100,000 goes to Bill’s and Karen’s two children.

If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits half of your intestate property and your descendants inherit the other half.

Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.

A will here is a great idea to. protect the kids .

Thanks for rating 5 stars.

Ask Your Own Legal Question
Customer reply replied 8 months ago
you didn't answer my question properly.
I am talking here about ownership"'joint in common" for a "homesteaded property".
Lawyer: Ray, Lawyer replied 8 months ago

If a husband and wife own a homesteaded property as joint in common, and in case of death of wife with a will inheriting her 50% of shared home to her children.

Court would order a sale here if the children have partial interest.Understand the mother has half and this concerns how her half would be divided.Probate court orders it sold.Either the husband here buys the siblings out or its a sale to a third party and proceeds divided.He doesn't have a life estate here unless she wills him one otherwise it would be sold here in probate on terms set by judge, likely their is a court ordered appraisal.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,173
48,173 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Can a mentally incompetent person make and sign a will
Can a mentally incompetent person make and sign a will leaving out his wife and giving everything to children without a judge present in Okla … read more
Ray
Ray
Lawyer
48,173 satisfied customers
My father decided to marry this woman he's been living with
My father decided to marry this woman he's been living with after my mother died. Does this marriage nullify the will my father made prior to this marriage? Will this woman and her adult daughters be … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
763 satisfied customers
How do I submit a widow's claim for certain objects in
How do I submit a widow's claim for certain objects in probate? … read more
Ray
Ray
Lawyer
48,173 satisfied customers
How are you today? I have more questions about the same
Hi again, how are you today? I have more questions about the same subject ( protect my mother half of shared assets with her husband in case she dies before filing for divorce or the divorce is finali… read more
Ray
Ray
Lawyer
48,173 satisfied customers
My mother and her husband are planing to divorce, they are
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 asse… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
My mother and her husband are planing to divorce, they are
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 asse… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have two siblings and our mother recently passed without a
I have two siblings and our mother recently passed without a will. Step father (who has no children) remains in home. If they have joint tenancy ownership status, when he dies, do siblings have any cl… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,177 satisfied customers
My husband passed away. I'd like to know who my husband's
My husband passed away. I'd like to know who my husband's house and car are with. … read more
Ray
Ray
Lawyer
48,173 satisfied customers
If you are married and the husband buys a home but doesn't
If you are married and the husband buys a home but doesn't put the wife name on the house,if something happens to him (dies)will she get the home? … read more
Ray
Ray
Lawyer
48,173 satisfied customers
A person dies without a will. Is the Court advised of the
A person dies without a will. Is the Court advised of the death so they can take action? Wayne… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My parents owned 2500 shares XOM in Joint tenancy account.
My parents owned 2500 shares XOM in Joint tenancy account. Father died 12/27/09. Mother needed to redeem 1250 shares ("his portion") to cover expenses...does this qualify for stepped up cost basis as … read more
socrateaser
socrateaser
1,031 satisfied customers
My Mother is 79 years old with Parkisons. She is physically
My Mother is 79 years old with Parkison's. She is physically and financially dependant on her 78 year old hunsband who has a recent diagnisos of cancer and refuses to get a will. Under Oregon law will… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
Hello,My father in law passed away without a will. Would
Hello, My father in law passed away without a will. Would my mother in law inherit everything from him or would his children inherit a portion of the estate. This is a second marriage for each of them… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
If a spouse dies with a will giving her home to her children
If a spouse dies with a will giving her home to her children from her first marriage. Does the home go to those children 100% or does her new spouse automatically receive two thirds BEFORE the will is… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
my father inlaw passed away in February this year. My step ...
my father inlaw passed away early this year. My step mom inlaw of only 9 years is trying to take his inheritance to benefit only herself and her children. MY husband built the house she is now residin… read more
Guru_Guy
Guru_Guy
Doctoral Degree
1,634 satisfied customers
woman dies. has inherited property from mother..has ...
woman dies. has inherited property from mother..has property from divorce. Has new husband and two minor children and two adult children from first marriage. How much of her property does the new husb… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
Approximately what percentage of wills are written to ...
Approximately what percentage of wills are written to divide assets between surviving children and spouse? 99% 80% 50% best guess is OK. In case of no will, and property with joint tenancy, is it usua… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
My mom put Me and 3 brothers on title to 1 piece of ...
My mom put Me and 3 brothers on title to 1 piece of real estate valued in today's market to be 600.000. One brother died 2 years ago and his estate was never probated. The appraised value at the time … read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x