Legal Question in Wills and Trusts in Florida

my husband and I have wills what happens if both die at same time my daughters on will but don't want it to go into probate


Asked on 10/28/16, 1:58 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

1. Each will should indicate who is presumed to survive.

2. Then you both need trust. Wills go to probate.

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Answered on 10/28/16, 2:05 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

If the wills were done well to be read together they would have a presumption of one Estate flowing through the other in the event of simultaneous death as defined by the wills. If you wont want to use probate, mr. slater is correct, you will need trusts and all assets need to be placed in them. you need an attorney to assist in the preparation of proper documentation.

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Answered on 10/29/16, 4:10 am


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