QUESTION

Our home, should it be in our trust

Asked on Aug 23rd, 2012 on Estate Planning - Florida
More details to this question:
We bought land in both names but the house we built is only in my husbands name and not in the trust, should it be in the trust and both names
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1 ANSWER

There are two separate issues here. First of all, any improvements built on jointly held land belong to the jointly held land. Therefore, I do not understand the circumstances where your husband could build a house in his "name". Perhaps he borrowed the money only under his name, but that does not mean that the house is in his name. Second, in Florida it is sometimes a complex situation as to whether or not a principal residence should be held in a trust or trusts. Opinions differ among attorneys, so I would strongly urge you to consult with competent legal counsel who can evaluate and advise you about your complete estate plan and then give you advice. There are many facts and circumstances that can affect that decision. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.
Answered on Aug 27th, 2012 at 10:27 AM

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