Legal Question in Wills and Trusts in Florida
last will and testiment
If my husband were to pass unexpectedly with no written will,
would all assets go to me even though my name does not appear on any of the legal documents ?
He says don't worry, I say that I need to worry. I saw what happened in my own family when my dad passed. My husband has three children from a previous marriage, they are all grown and married.
4 Answers from Attorneys
Re: last will and testiment
They would share with you.
Re: last will and testiment
In Florida, with no will and where there are children who not lineal descendants of the surviving spouse, the surviving spouse takes one-half.
Re: last will and testiment
You are correct that when someone dies
without a will the probate of the estate in harder and more expensive.I have worked with many clients to title their assests or put them in a living trust to avoid probate entirely.The costs of probate range from 20% of a small estate to5-6% of a larger estate.Also,a properly drafted estate plan avoids the costs of setting up a guardianship if either spouse becomes disabled.If you would like me to assist you in this area call me or send me an e-mail.
Re: last will and testament
You have good reason to be concerned. Under Florida law you would be entitled to one-half of his assets, plus the right to use the home for the rest of your life. The rest, including the home at your subsequent death, would go in equal shares to his children.