Legal Question in Credit and Debt Law in Florida

Re: surviving spouse

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If title is only in your name nothing is automatic. In order for your wife to transfer the title to her name or to dispose of either asset (or any others which might be in your name) whe will have to file a probate of your estate. You can make this process easier and less complicated by having your will written with your intentions made known.

More importantly, a will should be written to set forth your desires for distribution in the unfortnate event that both of you should pass away together or in a short time frame. This would save a substantial amount of money and avoid fights among potential beneficiaries.

I strongly suggest that you consult with an attorney who can prepare the will for you (and your wife should have one too). After a person dies, it is too late to develop an estate plan.

Scott R. Jay, Esq.

Re: surviving spouse

Although as a surviving spouse she is enttiled to your estate after creditors have been paid, she will have to go through a court proceeding to be appointed personal representative. Easier to leave a will nominating her as PR.