Can Parent Will a Percengtage of Home to Child when Married

[ceecee47]

My question involves estate planning in the state of: Florida.
My mother was just diagnosed with cancer and the home is in her name and my fathers. She would like to will her half of the home to her children. Is that possible in the state of Florida?

[Mr. Knowitall]

Most likely, yes, but it depends on how the property is titled. (e.g., is there a "right of survivorship"?)

[vlglassman]

Assuming that title to the property was taken jointly by your Mom and your Dad at the time of purchase, your Mom cannot will her half to her children. In Florida we have what is known as Tenancy by the Entirety. This means that your Mom may not sell or give away her interest in the property without the consent of your Dad. Upon the death of your Mom, her interest in the property transfers automatically by operation of law to your Dad, and not to other heirs of your Mom.