Legal Question in Wills and Trusts in Florida

I have heard that if I die and my partner dies in the same accident; but my partner lives even a few moments longer than I do- that my will would kick in and give my stuff to him and then his family would get it. Am I able to write some sort of protection from this in my will? For instance, If my partner does not survive by more than thirty days or if he dies from the same accident as I do, then my property goes elsewhere? Is this legal??


Asked on 6/02/11, 12:48 pm

2 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Yes, you, as testator, may define "simultaneous death" or "survivor", and use such provisions as the suggested 30 day provision. It is important to draft your will carefully to express your intentions and wishes. Florida has a law relating to simultaneous death if such provision is not included in your will.

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Answered on 6/02/11, 12:55 pm
Richard Kaplan

Yes you can. You may even go as high as 6 months.

If I can be of assistance, please contact me at 954-752-1732.

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Answered on 6/02/11, 3:00 pm


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