Legal Question in Wills and Trusts in Florida

If you are married and your spouse does not execute a prenuptial or postnuptial agreement, you can only leave a certain amount of your net worth to your brother or you may trigger elective share issues for your spouse that will thawart your planning.

If you are not married and do not have minor children, you can leave your assets to whomever you want.

The basic answer is yes. You can leave real estate and personal property to anyone you want through an inter-vivos or living trust. The situation is that some property may be restricted or limited, and therefore a more detailed review is required.

Without more facts, for which a consultation is really needed, no clear answer can be given. Only possible issues that need to be addressed.

Mr. Bryant's statement's above are correct. To clarify a little, yes, you can leave property (real or personal) to others than your direct descendants and spouse through your trust. However, as Mr. Bryant states, if you wife hires legal counsel or she is aware of her elective share rights, she may contest the transfer, or an amount above that limit.