Legal Question in Wills and Trusts in Florida

No and No. You don't have to leave anything to a child, but you must recognize them and specifically state it is your intention not to leave them anything.

As Mr. Kaplan has stated : This is the exclusionary clause in the Will. In preparing your will, need assistane, contact my office or an appointment. Don't forget to have your directives done as well. Otherwise, another Terry Shivo case will emerge.

You should specifically disinherit a child along with their issue if any and perhaps any specific relative or "step child" that you are concerned about so that your document could not be later challenged with the objector trying to prove that you simply forgot about them had you remembered to leave them in. Don't forget that although the law allows you to not mention your children and not leave them anything, this will not stop a costly battle to your rightful heirs; therefore always put in the disinheritence notice. Note that many clients believe incorrectly that you must leave a nominal sum such as $1.00 to children. While this is not correct in Florida, my advice is to specifically disinherit without leaving anything at all due to the fact that by giving them a nominal (small) amount they then become a "Qualified Beneficiary" which later could trouble your named Trustee in having to comply with our 2007 Code and force her/him to give them certain reports that would otherwise be not necessary.

As to your homestead, you must realize the following: If you leave the home to a spouse and you have minor children at the time of your death - you should have made other plans, since your Will would not suffice to cut out the minor child even if you should specify that you wish to do so! You could create a deed or pre arrange that the home would not pass through your will or Trust or other testamentary document. Further, the Florida constitution restricts your distribution of your home if there is a spouse or a minor child alive, except you can leave it 100% to your surviving spouse should you there be no minor children alive at your death.