Q: Under Florida estate law can a spouses Will list assets to biological children from a previous marriage?
This question would be best answered by a Florida estate attorney and is referring to my mom and her now deceased husband who were both on their second marriage and both had children from a previous marriage. When he died he made a list of almost all the household furnishings stating those furnishings would go to his children from another marriage. The list was made without my mom knowing and there was no prenuptial agreement (that I know of). My mom was told by a lawyer in florida that this list is legally binding but I find that hard to believe so I'm checking with this website. The house is under a trust that dictates upon my moms death or if she moves 50% of the value goes to my mom and 50% to his biological children.
Thanks, Robert
Thanks, Robert
A: That's the purpose of a will, to leave assets to people of your choosing that would not necessarily be entitled to those assets if there was not a will. If the furnishings are in a house where your mother resides there might be some question of ownership only by your father. If the assets were jointly owned or owned by your mother there would be the question of whether he made a valid transfer of those assets.
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