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I want to know more information on testaments and wills.

Miami, FL |

Is there in Florida a law that makes possible that a daughter have her part of her will that is already done while her parents are still alive?

Attorney Answers 5

  1. First, i do not understand what you mean as "part of her will that is already done."

    No, not as part of a will. You can gift property, or establish a trust for the child. Please consult your CPA regarding the tax consequenses, and your attorney first.

    The response given is general in nature and based upon limited information. It does not and cannot replace that of a proper consultation with a qualified attorney. You should not act upon this Information alone, but should seek legal counsel prior to taking any action.

  2. It is possible that a parent devise a real estate property or particular financial account to a child in a will and make a gift of said property or account to the child while living thereby voiding the devise.
    It is also possible that a parent gift a personal item mentioned in a will to a child but make a gift while living.
    Hope this helps.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

  3. I agree with what the other attorneys have said. If you are asking whether or not the daughter, on her own, can somehow get what she knows/presumes will be coming to her on the parents' deaths from their wills, the answer is "No", there is no law in Florida that I am aware of that would allow her to "anticipate" her share of a probate estate she expects to receive.

    The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.

  4. Attorneys Heller and Pippen are correct. Certainly, a daughter can receive an asset from her parents via a gift. Furthermore, a parent could state in the will that the daughter has received an advancement on her inheritance thanks to the gift. Please have your parents consult with an experienced estate planning lawyer to discuss the gift, as well as updating their documents. Good luck to you and your parents.

    This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

  5. Your facts are so vague and your question unclear that i am just guessing as to what i thnink may be at play here. With that being said, if you planned on leaving your daughter your home upon your death but want to now give it to her while living then there is a way to do so. You can simply add your daughter to the deed of your home as a joint owner so that last person living will become sole owner to the property.

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.

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