Legal Question in Family Law in Florida

beneficiary vs. will

my wife is the sole beneficiary on my brokerage account. when I die my will states that my children will split my estate, excluding my wife. Does she still get the full amount of the brokerage account as sole beneficiary?

Thank You,


Asked on 7/06/09, 8:55 pm

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: beneficiary vs. will

she should receive the proceeds of the brokerage account. If you really want to make sure then why not update your will. You don't have to draft an entirely new will, you can execute a Codicil.

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Answered on 7/06/09, 10:08 pm
Brent Rose The Orsini & Rose Law Firm

Re: beneficiary vs. will

Yes, she still receives the entire brokerage account. Also, you need to speak with a lawyer about excluding your wife from your will. Florida law generally disallows it, or, at least, Florida law will give your wife a part of your estate anyway, even if you try to cut her out. You'll have to get help from an estate planning lawyer to do what you want to do.

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Answered on 7/06/09, 10:10 pm


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