Legal Question in Wills and Trusts in Florida
wills vs living trust
I recently married an elderly man with six adult children who is looking to nullify his attorney prepared will to protect me. Do I need a legal document if I am co-owner of all accounts? If so, what type of document is needed?
2 Answers from Attorneys
Re: wills vs living trust
As joint owner, with right of survivorship you will need no other document but a death certificate.
Re: wills vs living trust
If your name is legally on assets that are titled, you have at least a 50% interest such that upon his death, you will continue to own a part of the property. This assumes there is no prenup. The real question is what are your husbands intentions post death. Is he planning on leaving everything to you assuming you survive him? If you already own everything jointly, you will be the sole surviviving owner so no real document needed but I would advise that you sit with an estate planning attorney to review you and your husbands assets and how they are titled. It has been my experience that families that are open and speak about the issues that are troubling them have a very smooth transition upon the death of a parent. Hope this helps.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
