Legal Question in Elder Law in Florida

Re: eliminating rights of surviving family members

The best way is for an attorney to draft a comprehensive estate plan covering this issue and the rest of your affairs.If you need help e-mail me your phone number to discuss.

Re: eliminating rights of surviving family members

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There are several steps which can or should be taken. First, you should designate an individual to serve as your guardian if the need should ever arise. This is a relatively simple process which is done by having an attorney draft a Declaration Naming Preneed Guardian while you are in good health and of sound mind.

Secondly, you need to have your will written or updated to make sure that your personal representative is named and all beneficiaries are listed. You should specifically make mention that you choose to either leave your daughter nothing or a nominal sum such as $1.00. If not, your daughter may claim that it was an error to leave her out and try to challange the will in court. Without a will, she will have rights under the laws of intestacy to inherit from your estate.

Scott R. Jay, Esq.