QUESTION

My boyfriends name is on a deed with another gentleman. The gentleman done a last will and testament and put that if he shall pass that my boyfriends

Asked on Mar 02nd, 2017 on Residential Real Estate - Florida
More details to this question:
Aunt and my boyfriend get the house should the last will and testament be redone since my boyfriends name is on the deed?
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1 ANSWER

Real Estate Attorney serving Hollywood, FL at Estevez Law Group, P.A.
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Hello, there are a lot of unknows here. Assuming the will is valid and assuming title between the gentleman and your boyfriend is as tenants in common, as it stands now your boyfriend owns 50% and gentleman owns 50%. When gentleman dies his 50% is probated based on his will so once that process is complete and assuming no issues along the way, your boyfriend would then own 75% and aunt own 25% as tenants in common (assuming the will divides his share in the real property equally between boyfriend and aunt). The will would not necessarily need to be redone. Perhaps an easier way is called a lady bird deed (enhanced life estate) where gentleman owns his 50% as a life estate, he can do whatever he wants with his portion until he dies, then it automatically passes to the "remaindermen" listed in the deed which would be boyfriend and aunt. Another possibility is if title is currently held as joint tenants with the right of survivorship then once gentlman (or boyfriend) dies, the property automatically vests in the surviving owner. So long story short: no, the will does not necessarily need to be redone but there may be better ways to go about the situation that will save the heirs time, money, and stress when gentleman dies. 
Answered on Mar 06th, 2017 at 7:27 AM

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