Legal Question in Wills and Trusts in Florida

My husband and I each have children but not together-they are all adults. We have 3 homes and wish to leave everything to each other - as well be cremated at such time of death. We do not have a will, as we feel in the state of Florida all will passed to spouse, both our names are on the properties and we are each listed as benificiaries on insurances and pensions. Am I correct?


Asked on 8/07/09, 10:52 am

3 Answers from Attorneys

Richard Stoffels Stoffels Law Group

My advice to you is to meet with an estate planning attorney. Not looking at the deeds to your real property, and how you took title, it is impossible to say what will happen upon your deaths. It is a small price to pay to have your estate work reviewed and done properly. In addition, there may be some estate tax consequences that can be minimized with the right planning, which could save a considerable sum of money.

Finally, after the first of you dies, upon the death of the second who do you want to inherit? Joint ownership cannot solve that issue.

See an attorney in this area. It will be worth it in the long run.

I would be pleased to meet with you, but not sure if you are in the Pinellas county area.

Good luck

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Answered on 8/07/09, 11:22 am
Frank J. Pyle Probate Attorney Throughout Florida

Fist answer is good. The manner in which you took title is the key, and also the law of the state(s) in question. Then, what happens when the second to die passes on? What happens if you die in a common disaster? Depending on who dies first (even if by a few minutes), the children of the "survivor" would end up with everything. See an attorney and do a Will, or a living trust if you also want to avoid probate.

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Answered on 8/07/09, 11:44 am
David Slater David P. Slater, Esq.

This is not a proper way to handle such a complex issue. How will your childrfen feel? I suggest you contact an attorney and prepare a will.

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Answered on 8/07/09, 12:50 pm


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