Legal Question in Wills and Trusts in Florida

Last Will

We need a Last Will and Testament for married couple with NO children. Beneficiary under the Will is of course, 100% to spouse. We also want to designate alternate beneficiaries to take in trust. Please advise as to which form allows us to set up in the event both my husband and I die, then we would want to leave the money we have to a sister in trust so we need the trust provisions. We also have a couple of other alternate beneficiaries and would like to leave their portion to them in trust as well. Should we be considering a living will or can we accomplish this with a Will designate alternate beneficiaries who take in trust?


Asked on 10/29/07, 11:24 am

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Last Will

You may accomplish what you described through a will or through a living TRUST (Living WLLL says don't hook me up to machines if I am dying). The trust in your will would be what is called a testamentary trust. If you wish to avoid probate on the second death, the living trust is the way to go. A will is only effective and utilized through the probate system. If you wish to come in to discuss the alternatives, pros and cons, I do not charge for an initial consolidation. Just call for an appointment.

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Answered on 10/29/07, 12:13 pm


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