Monday, February 2, 2015

I own property jointly with my husband, can i leave a will giving my half ownership to my son? Is there any way to make sure my son gets my ...

Question

I own property jointly with my husband, can i leave a will giving my half ownership to my son? Is there any way to make sure my son gets my property, in Florida. Can i give him the property now thru quit claim deed, without my husbands knowledge?



Answer

You own the property jointly, with right of survivorship. Upon your death there would be nothing to convey by will. You can convey your present interest by deed, but then you have no ownership. The deed should be filed, and your husband may them learn of it.



Answer

If you own as husband and wife or joint with rights of survivorship, you cannot transfer your interest without your husband joining. He will receive the property upon your death as well. Seek legal advice and discuss what you are attempting to accomplish and find out if it is possible.



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