Legal Question in Wills and Trusts in Florida

It can never hurt to have a will. First, a will lets you select a personal representative. If, for any reason, a probate needs to be opened, you have selected in advance who you would like to serve as personal representative. Wills also have a provision waiving the requirement that the PR be required to post a bond. That provision saves a potentially huge expense.

What happens when the first of the two of you dies? Now there is no more joint tenancy. If the survivor now dies without a will, see below for some of the potential consequences.

What if you die together in a common accident (i.e., a car accident)? Everything goes into your two estates. Now, with no will, your property is distributed in accordance with intestacy laws, which may not necessarily be the way you would have chosen had you made a will.

There are plenty other good reasons to have a will, but these should be enough to consider putting a will in place. They are not expensive to draft and they provide many important advantages.

Also, all of these assets would pass free and clear to the other spouse. Consequently, you will have some scenarios to consider. The surviving spouse could remarry, which could allow the new spouse to be entitled to those assets. Children could be left out entirely by the surviving spouse. The surviving spouse could do whatever he or she wants after the first death.

Did you every think about what would happen if you both died together or were disabled at the same time. Therefore,the need for some estate plan exists for you as it does for many other people.You can look at my website at www.FloridaLegalServicesOnline.com.

You could both die at the same time or become disabled. Who would you like to get everything after your both gone? Also, it's not just a will that you may need, but also a durable power of attorney and health care advanced directive. Regards,