Legal Question in Wills and Trusts in Florida

Re: When the will is outdated

You need to hire an Attorney because when someone passes away and leaves something in there name only such as those stocks and funds, the estate must go through probate. Furthermore, since those he named in the will passed away it gets a little more complicated as to who will receive the stocks and funds and other assets that are in his name alone. When someone has a joint account with someone else such as your case and one party passes away, the money automatically goes to the survivor. Now you can elect to share that with who ever you want but you are not legally obligated to do that.

Melody Stickel-Martinez

Melody Stickel-Martinez, Esq.

10031 Pines Boulevard, Suite 217

Lapsed Legacies/Devises

FACTS: Grandfather recently passed away. His 1974 will left everything to his spouse who died in 1981; says if she predeceases him then everything goes to my Mother who died in 1996. He then added me to his checking account and CD's. He also has other assets. (Stocks and Mutual funds)

Q: Are the checking account and CDs mine? Do I have to give 1/3 to my brother and sister? What about the stocks and mutual funds in his name only? Where do I start?

A: First with a good look at your future relationship with your brother and sister. Next with the choice of a good attorney. As Melody has stated, you own the CD and Cking Acct. The stocks and other assets go to your mother's lineal descendants/blood relatives.

William W. Fernandez

William W. Fernandez, Attorney at Law

250 Panama Road East