Legal Question in Wills and Trusts in Florida

Will For A Gay Male Couple

We are a gay male couple wanting to set up a will. We currently rent, looking to buy, and have shared personal possessions, a CD, a mutual fund in my name only and each own cars. What do we need to make sure the other receives everything upon death of one or the other and if we would both die at the same time a list of 2 or 3 individuals to receive our possessions. A local attorney said we each need a will at $100/ea; durable power of attorney, health-care surrogate, pre-need guardianship designation each at $125/ea.; & 1 living will each at $25/ea. He also said we may need a deed depending on the form of ownership you have on any real property (what is this???). Is all this necessary. Can't we just get a will that says upon the death of one the other receives everything and if we both die, so and so will receive it??? Over $500 seems a little steep. Thanks for your help!


Asked on 4/07/98, 7:53 pm

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Fla. Estate Planning

Can't we just get a will that says upon the death of one the other receives everything and if we both die, so and so will receive it?

Yes you can! Your beneficiary(ies) can also pay the probate cost to inherit what you leave them. There is a Fla. Statute that sets reasonable attys. fees for probate and for estates under $40,000.00 it is $1,500.00. Then there is the court filing fee and publication costs, etc.

Remember the TV ad about the oil change? Pay a little now or alot more later.

Your atty. is trying to save you money in the long run. However, the choice of which way to go is entirely yours. Just tell the atty. what you want and it will be done.

I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.

Nothing can substitute for a personal conference with an attorney and you are strongly encouraged to call/consult with one.

By answering your question I am not agreeing to represent you and do not intend to create an atty./client relationship. I accept no responsibility for errors or problems arising from the answers I give. PROCEED AT YOUR OWN RISK!

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Answered on 4/20/98, 5:19 pm


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