Only One Spouse on the Deed But Both on the Mortgage in Florida – Here’s What Actually Happens I get this question every single week: “We bought the house before we got married. Both of us are on the mortgage, but only one name is on the deed. If something happens to my spouse, do I automatically get the house?” The short answer: No — you do NOT automatically get the house. In Florida, ownership is decided 100% by the deed. The mortgage means nothing when it comes to who leg

Estate planning can feel overwhelming, but understanding key documents like a pour-over will  is essential—especially if you have a revocable living trust. You might think a pour-over will automatically avoids probate for all your assets. Think again. Let’s clear up the confusion once and for all. What Is a Pour-Over Will? A pour-over will  is a special type of last will and testament used alongside a revocable trust  (also called a living trust). Your standard last will and

If you're a joint tenant with rights of survivorship on a property with your parent, and they're receiving government benefits like SSDI or Medicaid, you might worry about what happens to the house after they pass away. A common question is: Can the government come after the house? In this post, we'll break down the key differences between SSI and SSDI, explain why Social Security typically isn't a concern for property liens, and dive into how Medicaid recovery works—especial

In Florida, many people use quitclaim deeds as a simple way to transfer property ownership, especially when planning for the future. A common scenario involves adding family members to the deed to ensure the property passes smoothly without probate. For example, imagine a situation where a mother adds her 34-year-old grandson and 24-year-old granddaughter to her quitclaim deed with survivorship, listing her name first. The big question: Will the property go straight to them w

When a loved one passes away, one of the first questions families ask is what happens to the money left in their bank accounts — especially if the person wasn’t married and didn’t have a will. Let’s walk through a real-world scenario that illustrates how Florida law handles this situation and how to make sure your loved one’s money ends up where it should. The Situation: A Gift, a Bank Account, and an Unmarried Partner A mother gifted each of her children $13,000 . One of her

If you're a property owner with multiple real estate assets, like an individual with 26 properties considering a living trust, you may be...

When planning your estate, you may wonder whether a Lady Bird deed  or a living trust  is the better option for transferring your assets,...

When it comes to owning real estate in Florida, understanding the different types of property deeds is crucial to ensure your ownership aligns with your goals. One commonly used option is the Joint Tenancy with Right of Survivorship (JTWROS)  deed. This blog post explains how this type of deed works, its benefits, and important considerations for property owners in Florida. Whether you're purchasing property or planning your estate , this guide will help you make informed dec

When it comes to estate planning, one common question is whether you still need a Lady Bird deed if you already have a trust in place. The answer depends on your goals, the type of assets you own, and where you live.

If you’re an American wondering, “Can I leave my property or money to someone living in another country, like the Philippines, in my will?” the answer is straightforward...