Legal Question in Wills and Trusts in Florida
if i have a last will and testament signs by myself, spouse, and notary do i nee
as i said my husband and i have a last will and testament for our home and all our belongings, i.e. assets - would i still need to have a durable power of attorney in order to avoid problems for my children and the people listed in my will - will it have to go to a trust before they can sell our things.
i am asking this just in case my husband and i are both deceased at the same time. thank you very much
3 Answers from Attorneys
Re: if i have a last will and testament signs by myself, spouse, and notary do i
A durable power of attorney expires and is void upon your death. If you want to get rid of most of the problems have an attorney draft a living trust, plus your will, plus a living will and your durable power of attorney. Good luck
Re: if i have a last will and testament signs by myself, spouse, and notary do i
Depending on the magnitude and nature of your property, you should consider a living trust to avoid FL probate and distribute your property in the case of simultaneous death. A durable power of attorney appoints someone to manage your affairs in case of incapacity, however, a living trust can incorporate terms of a power of attorney. You may also want to consider a living will or advace health care directive in Florida to appoint a surrogate to make medical decisions under certain conditions of incapacity.
Re: if i have a last will and testament signs by myself, spouse, and notary do i
A power of attorney gives the named designee the power to do anything you can do during your lifetime. It should only be given to a trusted family member and with great reflection, at that.It dies when you do. Your will may be all you need. No attorney can specify ehat you need for sure without discussing your business with you.