Explain homestead for estate purposes

Assignment Help Business Law and Ethics
Reference no: EM1340035

Explain Homestead for Estate Purposes

State your opinion
A will or trust is necessary if a decedent wants to control how his/her assets will be distributed upon passing. Without such a document, the state statutes will direct the manner of distribution. Each state can determine how distribution will go in an intestate situation. However, I want you to consider the question of homestead; not real estate homestead, but the question of homestead for estate purposes.

In Florida, most couples hold their real estate jointly (as tenants by the entities) so that when one passes it is owned by the surviving spouse. However, sometimes it's not. Occasionally, the real estate is held in only one spouse's name. Now we can start to have problems. Let's say that we have a single man who owns a home. Over time, he meets a woman, they date and then get married. They live together in the home for years. For whatever reason, they never change the title from him to both of them. After a few years of wedded bliss, along comes a new little bundle of joy. No, not a golden retriever puppy. They are the proud parents of a beautiful baby girl. Throughout the next many years, the family lives happily in the house. Just after her 17th birthday, dad suddenly passes away. After a time, the woman sees their family lawyer to be certain everything is taken care of properly. She learns that all of their assets, the bank account, investments, car, etc. are jointly held, and they belong to her with no probate needed. However, the attorney sees in the paperwork that the title to the house was never changed to both names. Even though the couple lived together in the home for over 20 years, it was still in the husband's name. The wife was only mildly concerned because she knew her husband's will left everything to her, anyway. Just then the lawyer delivered a stunning revelation.

The lawyer told the woman that she had a right to live in the house for the rest of her life (a life estate), but that her daughter owns the house! He explained to her that since their daughter was a minor and lived in the house as her home at the time of the man's death, it goes to the daughter by law. It doesn't make any difference what the man put in his will. What do you think?

Reference no: EM1340035

Questions Cloud

Explain laws regulating international corporations : Explain Laws Regulating International Corporations and What types of laws regulate international corporations
Statement regarding profit sharing plans : Determine the correct statement regarding profit sharing plans.
Computing required rate of return if debt-to-equity is given : If the firm's WACC is 12.0%, and its debt-to-equity ratio is 1.33, what is the most it could pay for the project and still earn its required rate of return?
Actual deferral percentage test for nondiscrimination : Actual deferral percentage test for nondiscrimination in a 401(k) plan.
Explain homestead for estate purposes : Explain Homestead for Estate Purposes and A will or trust is necessary if a decedent wants to control how his/her assets will be distributed upon passing.
What are these two kinds of dna : There are a number of natural types of DNA. One is animal DNA, one plant DNA, another bacterial DNA.What are these two kinds of DNA.
Important effects of farming : Define the mercantilist system and its effects on the colonies prior to 1760. Also, explain the initial colonial reaction to this system.
Explain freedom of commercial speech : Explain Freedom of Commercial Speech and While most of us are appalled at the association of junk food with drugs
Statement regarding 401(k) plans : Determine the correct statement regarding 401(k) plans

Reviews

Write a Review

Business Law and Ethics Questions & Answers

  Commercial law to open a meditation studio

Commercial Law open a meditation studio and looks around the inner city suburb of Paddington for suitable premises

  Explain culture, communication, leadership styles, and trust

Explain Culture, Communication, Leadership Styles, and Trust and A description of the company's communication structure and identify ways that culture has influenced the structure.

  Explain establish a corporation

Explain Establish a Corporation and Complete the steps necessary to establish a corporation and Remember that a corporation does not exist until the corporation documents are both filed and accepted by its home state

  Legal environment of business caselet

The assignment in Law deals with the topic "Legal Environment of Business". A case study about Mary, a newly joined employee who is working in the USA and Europe. She faces few issues at her work place in Europe and tries to talk to her manager who s..

  Explain risk of loss - contract law

Explain Risk of Loss - Contract Law and The contract provides that payment and pick up of the widgets shall be Tuesday

  Explain u.s. health care

Explain U.S. health care and What is the role of the National Practitioner Data Bank (NPDB) in U.S. health care

  Explain employment law for business

Explain Employment Law for Business and Calvin was working as a mechanic to repair some processing equipment at the United Megaworks Company

  Examine the contracts

Examine the contracts and explain to Calvin his rights and obligations under his contracts with FixIt and Door Expert.

  Explain principals of law

Explain Principals of Law and claiming that the restaurant was a bailee of the coats and had a duty to return them

  Explain card-check procedures

Explain Card-Check Procedures and Should card-check procedures be allowed to determine employees' desire for union representation or only formal representation elections

  Explain senior executives and contract management

Explain Senior executives and contract management and How do senior executives play an essential role in contract management

  Prepare an original code of ethics for your company

Your task is to prepare an original Code of Ethics for your company or organization. You may also select to create a Code of Ethics for a fictitious organization or company if you prefer not to use your employer

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd