Legal Question in Wills and Trusts in Florida

Children seeing will before death

Today, my husband gave his son a copy of his will and trust papers and intends to give copies to all his children. The will provides for me generously and also for his children. Husband is 79 and I 66. I am very unconfortable with this, but husband has no concerns. I feel this is going to cause serious problems, as I am the ''second wife''. Wife #1 is deceased. Should't I be concerned? If so, what should I do?


Asked on 4/04/06, 6:51 pm

1 Answer from Attorneys
Kelly Henderson

Re: Children seeing will before death

Your husband has a right to show his will to anyone he wants to and he has the right to change his will anytime he wants to, assuming he has the capacity to do so. It is possible his actions may prevent the kids from objecting after his death and if they do have issues with how you are treated he can defend his actions to the children now. This may prevent problems later. That said, if there is no prenuptual/postnuptual agreement, Florida does give the surviving spouse elective share rights to the deceased spouse's estate no matter what the will states.

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Answered on 4/05/06, 12:28 pm


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