Legal Question in Wills and Trusts in Florida
My "domestic partner" and I recently purchased a home together. It is in his name and my name with "sole right of survivorship". We did this to protect the other person in case one of us dies first.
I want to do a will and he does not. We are almost always together so my concern is that we might both be killed in a crash or some such thing. Can I do a will naming an executor of the home/property even though the home/property was in both our names?
Thank you for your help.
2 Answers from Attorneys
You can do a Will dealing with the property. It will only deal with property that passes through the estate, a simultaneous death would put the property in your probate estate as you describe the facts.
If you are concerned about simultaneous death and wish to avoid probate, you may consider a living trust which can be used to avoid probate and to deal with many issues regarding property, incapacity, complex family matters, and other issues.
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