Legal Question in Wills and Trusts in Florida

Re: Son is Sole Beneficiary

Generally, No. An inheritance is not a marital asset in Florida. However, this is not absolute. For example, suppose you die leaving your house to your son and the son and his wife spend effort and money to use this as rental property. In that case there can be a claim placed on the house based on enhanced value and effort. These subsequent activities had the effect of making a non-marital asset into a (partially) marital asset that can be claimed in a dissolution action. Now if your son predeceased you, then only his children (your grandchildren) are entitled to an inhertiance (his issue per stirpes). However, since they are currently minors, someone will have to take possession of the property for them. It sounds like you do not wish this person to be their mother. Most wills generally direct the personal representative to take possession of bequests going to minor beneficairies and hold them until they reach age of majority. But this does not address the situation whre it might be appropriate to use the assets for the maintence and support of the minors. I could anticipate a power struggle (and possible legal proceedings) between the wife and personal representative over this. If you are concerned, a better solution might be to create a revocable trust (living trust) to place your assets. Your son can be the primary beneficiary and then the grandchildren subsequent beneficiaries. You then instruct the trustee as to how the grandchildren are to receive any inheritance and the trustee can have sole discretion over the use of the assets for maintence and support of the minor children. You can be more conficent that the trust assets will not be lost to the wife in the event of a divorce. I wil be happy to lend further assistance if needed.