Legal Question in Wills and Trusts in Florida

Bequests

Hello! I am preparing a will for my wife and I. We have an internet will good for Florida and I understand the basic sections of the will but I do not know how to bequeath my estate if both my wife and I die simultaneously. Basically, we plan to give specific property and cash to a number of friends and leave our real estate to be divided between two charities. We have no children. The question is; do I prepare a special addendum to the will spelling this out or should I provide the instructions to our friend who will be the executor? The will format I have seems to point to the latter but I am not 100% comfortable with leaving it to the executor? I appreciate your help. Thanks, Ross


Asked on 11/28/06, 7:41 am

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Bequests

I assume you have no children. Your will should have a provision similar to this: "If my wife/husband shall not survive me, I devise my estate as follows:

1. $___ to __________, if (s)he shall survive me.

2. (named property, such as car, real estate, tools, bank account, etc.) to __________, if (s)he shall survive me.

3. All the rest and residue, including (description of real estate) in (equal?) shares to the following charities:______________." You should also name a personal representative in the event the spouse does not survive (either a relative or a resident of Florida if not related).

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Answered on 11/28/06, 8:40 am


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