Legal Question in Wills and Trusts in Florida

do you need a will when there is no joint property in a marriage

my husband and i have both been married before and both have children from those marriages, do we still need wills when there is no property in joint names. can the children come in and take our belongings out of or house. his kids are brats but adults and i'm afraid they will try to take things out of our apartment. our cars are in one name or the other not both and my bank account is solely mine but his checks are directly deposited into it. we only own two cars and a john boat between us and have nothing except used stuff and not much money. we live week to week.


Asked on 8/24/00, 9:29 pm

2 Answers from Attorneys

Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: do you need a will when there is no joint property in a marriage

Do you own a home? If so, be sure the house is titled in both names. You should have a Will prepared especially since there are children from previous marriages. A list could be attached giving specific items to them. Feel free to contact me for a reduced rate for the preparation of a husband/wife Will. (954)966-4140 Sincerely, Melody Stickel-Martinez, Esq.

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Answered on 10/02/00, 2:40 pm
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Wills when little assets & no joint property.

FACTS: Couple both married before; both have kids

from those marriages; his kids are adult brats &

afraid will try to take things. Cars are in individual

names; not both; My bank account is solely mine

but his checks are directly deposited into my acct.

We own two cars and a john boat between us and

have nothing except used stuff and not much money.

Q. Do we still need wills when there is no joint

property? Can the children come in and take our

belongings out of our house?

A. Yes, if just to avoid problems later. Wills

make clear your intend and can help to avoid

unpleasantries. Wills can deal with assets that

you acquire after the marriage but didn't plan for,

say winning the lottery.

The kids can't come into your home after one of

you dies unless you allow it. Call the police,

if necessary. A Will could convey certain

personal items such as a JOHN BOAT, clothing,

pictures, jewelry, and mementos. It won't hurt

anything to have wills and may eliminate problems

down the road; so why not?

If you plan properly, you won't have to probate

any estate.

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Answered on 10/03/00, 12:31 pm


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