Legal Question in Wills and Trusts in Florida
No will in Florida
My father and mother live on a Federal Gov. pension and Social Security and recently sold their home in Las Vegas. They are now legal residents of Florida. As far as I know, there are no trusts are assets aside from a general account from the proceeds of this sale. My father is now dying of Liver cancer and has no Last Will and Testament. He seems to think that since his accounts and pension are set up to go directly to my mother, that he doesn't need a Will for this to transition smoothly to her. I am deeply concerned and have drawn up a will to leave everything to my mother, and then equally to the five children on the event of her death. She is in very poor health and will not be able to live on her own after my father dies. I know my father wants me, his oldest child and daughter, to handle her affairs after his death. My younger sister wants to do that but she is the last person he wants. I want to present Dad with this simple will to clearly state what his wishes are if anything happens sooner than any of us would like. Please advise.
1 Answer from Attorneys
Re: No will in Florida
You have just described the perfect scenario for a will contest. Your involvement in this can easily be deemed undue influence. Without a will, your father's estate will pass according to title of the individual asset, or to your mother. Then, when your mother passes, if she does not have a will either, it will go equally to the children. Do your parents want anything different than this? If so, have them contact an attorney to draw their will. If they are not capable of doing that themselves, make sure that once you have contacted the attorney, you refrain from further involvement.
As for appointment of the personal representative upon death, any interested person, including you, can petition for the job.
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