Legal Question in Wills and Trusts in Florida

What type of will do second marriage older couples with both having children need in other to leave both set of children their fair share at the time of each of their deaths? In other words at the time of death my mother wants my sister and I to receive a portion of her share of the estate of course leaving our stepdad his portion. What type of will do they need. They have a general will in which his children are named and my sister and I are named in our mothers, not sure if theirs is the right one. Thank you


Asked on 3/01/18, 5:00 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

They need to consult with an attorney familiar with trusts and estates. There is no specific name for the will and you wont find it online in some form application or store. it is more complicated than that. no idea if current wills do what is desired. you need to have those reviewed by an attorney

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Answered on 3/02/18, 5:39 am

This is best handled through a special type of trust rather than through a will. Your mother and stepfather need to seek out an estate planning attorney to properly prepare this type of trust since it can be tricky. An evaluation of their assets will need to be done as well in order to best advise them. Let me know if you have any further questions.

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Answered on 3/02/18, 11:14 am


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