Legal Question in Wills and Trusts in Florida

Do we need a will or a trust? all assets (houses, cars, cd's )are in both names and each other named as beneficiary on insurance policies. what would be the simplest way to insure that assets go to the surviving spouse and exclude the children?


Asked on 4/24/10, 6:36 am

4 Answers from Attorneys

DMD PA DMD Law, PA

It seems as if you took care of it, but to assure such, you could do wills naming each other sole beneficiaries. However, you mention "houses". If you own property in different states, they will have to be probated in the state it is located. To avoid multiple probates, you could do a will.

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Answered on 4/29/10, 7:06 am
Lesly Longa Longa Law P.A.

The answer is that it depends. If all of your titled assets are in both names, you will still need something in case you and your spouse die simultaneously. You will also want to list a back-up beneficiary for insurance policies in such an event. I would say that a will could suffice, but I would need to speak with you and get more information to advise you properly. For instance, if you have children, you will want to make sure they are protected financially and cared for by a person you trust in the event there is no surviving spouse. Consult with an estate planning attorney. Feel free to contact me and visit my website for more information, www.floridawillmaker.com. Regards,

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Answered on 4/29/10, 10:02 am
Lucreita Becude Lucreita D. Becude, P.A.

As long as you are both not killed at the same time, the assets go to the surviving spouse. Maybe you should consider doing a will and naming an alternate in the event you both die at the same time ie car accident.

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Answered on 4/29/10, 10:03 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It depends, but probably a will. You need to sit down with an estate lawyer to go over the facts.

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Answered on 4/29/10, 4:18 pm


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