Legal Question in Wills and Trusts in Florida

I have 3 children and my husband has 1. I was told by a lawyer that if I die first, my son could not be his executor. It would have to be his daughter.


Asked on 12/31/13, 11:20 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

In his will, your husband can name anyone he wants. If he has no will then it would be by priority including natural children or step children who have been adopted. The best way to make sure that the appropriate person is in charge is to do a will. Seek legal help.

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Answered on 12/31/13, 11:38 am

Anyone can be named as a Personal Representative (executor) in the will. Also, keep in mind that not all assets are distributed as prescribed by a will. For instance, if you have a house with your husband that is titled as husband and wife, the house will automatically pass to your husband if you were to predecease (die before) your husband even if you try to gift your house to someone else in the will. Lastly, it sounds like you would like to protect the interests of your 3 children. To do that I would recommend executing a trust (often called an AB Trust or Bypass Trust). Properly creating such a trust and determining which assets to put in the trust can be tricky so I strongly recommend consulting with an experienced estate planning attorney.

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Answered on 12/31/13, 3:23 pm


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