Video Summary
Can I dispose of my property any way I wish? I assume that you’re speaking of putting … Whenever you pass away, putting it on a will or a trust. The answer to the question is, is if you, yes you may, except if you’re married and then there are some limitations. As far as like your homestead, you cannot leave it to anyone you wish if it’s your homestead property, real property. You have to provide for your spouse. Or if you have minor children, you cannot dispose of it.
Any other assets, maybe you can leave it to anyone you’d like under the terms of your will. If you’re married and exclude your spouse, they have a right to what they call an elective share wherein they can claim a 30% interest in any and all assets that you owned prior to your death.
The answer is a qualified yes, except as far as your homestead property. Of course, and if you have property that you own as husband and wife, you cannot convey that or leave that to anyone, or property you own as joint tenants with right of survivorship in a will or trust.
So, if you’d like to do some estate planning and discuss these matters, well, give me a call at 727-847-2288.