Legal Question in Wills and Trusts in Florida

Re: Parents do not have will

Based on the information provided and Florida law, it is not legally imperative to execute a new will just because of the time elapsed and the different state. However, the increase in property and any other changes such as beneficiaries, etc. may be a reason to prepare another will or consider a living trust which is more flexible, avoid probate, operates as a durable power of attorney, and other advantages. They are advised to consult an attorney to assess their needs.

Re: Parents do not have will

In light of your information that their estate may have increased as to property, they may wish to inquire about executing a Trust, naming themselves as trustees for the term of their lives...then their children as successor trustees. This is a manner whereby probating an estate is not an issue..ergo, you don't have court intervention at the death of either of your parents. You do require legal counsel to formulate the documents. Hope this is helpful.