Legal Question in Wills and Trusts in Florida
wills
My parents live in Florida and wish me to write their wills. My father is terminally ill so if he writes everything to me is my mother taken care of first? She is also writing everything to me but will her wishes come first if she is left alone? Everything they own is in both names and I want to ensure she will keep everything until she decides otherwise. She is of sound mind and body. Do they even need seperate wills?
3 Answers from Attorneys
Re: wills
If they own everything jointly the survivor takes it. There is no need for a will yet.
Re: wills
Terms such as jointly are terms of art and you must make sure they own everything as husband and wife, by the entireties or with some sort of survivorship. If so, once your father passes, your mother will take automatically. Then your mother would need a will. Also, be sure to check for individual assets such as life insurance, to see who the beneficiaries are. As always, when it comes to estate planning, I recommend consulting an attorney.
Re: wills
I am not licensed in FL and am not familiar with the law of FL, but urge you to immediately contact or have your parents contact an estates lawyer in their county to assist them and advise them. The question you ask, and other questions, should be addressed by a knowledgeable local estates lawyer who can evaluate their needs based on their assets and goals.
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