Legal Question in Wills and Trusts in Florida

Our vehicle titles name the owners as my husband "or" me. We have no children together, but he has children from a previous marriage. I have not adopted these children. If we both die, it is my understanding that the vehicles would then pass to his children.

If my husband and I die together, and I have a will specifying other arrangements for the vehicles, is it necessary for him to also have a will specifying other arrangements, or is my will sufficient?

Also, if I die one day, and he dies two days later, does that mean that he was sole owner of the vehicles for those two days, and after his death the vehicles would go to his children rather than to the beneficiaries named in my will?

(We are ocean sailors, and I am trying to anticipate some worst-case scenarios on the high seas.) Thanks for your help! Katie


Asked on 7/20/10, 7:23 am

1 Answer from Attorneys
Lesly Longa Longa Law P.A.

Hi Katie,

If you don't have a will, your vehicle will pass to your heirs at law. If you are survived by your spouse and don't have a will or any other descendants, your spouse will receive all of your property. Then it will be his property and when he dies it will either pass to his heirs at law or those beneficiaries he names in his will. Your question about simultaneous death is a good one because many people don't think of that kind of thing. I recommend that you write a will that plans for what you want to happen to your property in that event and to cover any other personal property that you may want to leave to someone other than your spouse. You can read the law on simultaneous death in Florida Statutes 732.601. There is also a free consumer pamphlet on Probate law available at: http://tiny.cc/vtise.

Regards,

Lesly

www.floridawillmaker.com

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Answered on 7/20/10, 12:05 pm


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