Legal Question in Wills and Trusts in Florida
My husband and I have completed a Living Will & Trust from the Suze Orman Kit. Within the Trust it indicates that the Trust is govern by the state of California. Suze indicates that it can say this no matter what state you reside in. If for some reason my kids needed a lawyer after we both pass they would need to see a lawyer that was familiar with Calif. laws. We reside in Flordia. The purpose of writing up this Living Will & Trust is to avoid probate and make it easier for my kids when we die. So my question is that should we write up an amendment to this one clause/article and change it to say Florida laws instead of govern by California law? How do you write up such an amendment and do we need it notorized (with just me and my husband or with the 2 other witnesses)?? Thanks so much for any help you can give us. Kathy
2 Answers from Attorneys
Hi. First of all, I do have to say that in my humble opinion, you are playing with fire creating your own trusts without having an attorney review. The consequences of potentially doing things incorrectly far outweigh the dollar savings up front. That said, there's no reason I can think of to have California law govern your Florida trust. If it were me, I'd have Suze fix the document and send you a new one.
I have reviewed the Suze kit, and in short I'll say, buyer beware. There is a reason why the software tells you to seek the assistance of a lawyer and has a hefty disclaimer in those pesky terms of use many of us don't even read. Laws are different in every state, and she is not an attorney in any of them. Consult with a Florida estate planning attorney to make sure your kids are protected. I have a blog post on the dangers of do-it-yourself kits on my website, www.floridawillmaker.com. Regards,
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