Legal Question in Wills and Trusts in Florida

Assets in his name are subject to probate. Assets in joint names with survivorship or as entireties, husband and wife, will pass to the survivor. Assets in your name are not affected by his death. That said, estate planning is more than just the title assets are held in. it is an evaluation of your overall plan for the distribution of assets to family members. Seek some legal guidance more than just this question online.

In addition to AttorneyStein's response, Wills do more than handle assets. What happens if you and him are in an accident together, who will the two of you designate as a guardian. This is just one example of something people don't think about. I strongly recommend a complete estate plan which would also include doing a Durable Power of Attorney. What would happen if both of you are in an accident but are incapacitated but not killed? Would you really want the court to make decisions on your behalf regarding your assets, health,and children?