Legal Question in Wills and Trusts in Florida
Terminal ex-husband can't make a will
My sons' dad is dying in a Fl hospital due to strokes, is not able to speak,is drugged for comfort; can't write, but has some lucid times.He isn't expected to live more than a week.He has 2 bros. but I could only find 1 as yet.We have 2 sons, 1 age 22, other 15.We divorced in '02 but still love; he cares about sons, once promised elder a truck, but since traded for new one.He worked hard & listed sons & me as benef. on his ira rollovr even after divorce. Elder son only emergency contact listed so has had to approve all treatmts til drs. said no more cld be done.No funeral arr. made, but once he mentioned cremation.How does my son settle matters re: his dad's personal property, bank accounts, and is he liable for hospital costs not covered by 250K insurance policy? We want to see their dad, but multiple trips are not feasable, and our income disqualifies us (barely)for help from Legal Aid Society of Va.This whole thing breaks my heart, because their dad's a good man.We love him and would turn back the clock if we could.
4 Answers from Attorneys
Re: Terminal ex-husband can't make a will
It appears too late to make a will, but absent one, his sons will inherit anything he owns. The recipients of the life insurance are not obligated to use that toward dad's bills. Only assets going through probate would possibly be suject to his creditors. Certainly none of you would have any liability for his debts unless you have agreed to be.
Re: Terminal ex-husband can't make a will
His son will petition the court to be named personal representative. The sons will inherit.
Re: Terminal ex-husband can't make a will
Hello. I reviewed your question...'sorry you and your family are going through this.
As far as your form. husb. making a will, there may be a possiblity for that. I had a family friend once on her death bed, but she had lucid moments. I took a deed for property to the hosp., we had nurses as witnesses. When she was somewhat lucid, recognized me, we asked her if she wanted to do this transaction, she said yes, we held her hand and she made an "X" for her name. this was legal and could also be done with a will.
If he cannot understand what is going on, don't worry. Under Fla. law, when there is no will, the person is said to be intestate. Our statutes provide for the disbursement of property to immediate family members, if applicable, where there is no will in a Probate case. If you want to review Fla. Statutes on line, look for sec. 732 and 733. One of the sons could be appointed the personal representative. He would receive a court order giving him the right to pay bills of the estate, sell property and distribute property at the end of the time period set forth in our statutes.
If a probate case is filed, there are a couple of different types, depending on the amount of the estate. If it is under $75,000.00 (not counting funds that are not included such as insurance proceeds, and accounts with right of survivorship to another, and IRA.s), a simplified probate is allowed.
If we can be of any assistance do not hesitate to contact my office. Tom Rosenblum
Re: Terminal ex-husband can't make a will
Your's is a very sad story. With no Will, Florida Statutes would control and his probate assets would go to his children in equal shares. If the insurance policy and IRA are the only assets and they both have listed beneficiaries, then there may be no probatable assets. Because one heir is a minor probate court may require a guardianship if his share of probate assets is over $15,000. I suggest you speak with an attorney.
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