Divorce & Estate Planning

If you cannot live with her, do you want her to get your house when you die?  This is where divorce can be part of estate planning. Not everybody needs a will, but if you die without a will while you are still married, your house goes to your spouse.  Even if your will was made before you got married, your spouse is still entitled to half your estate, the same as if you had died without a will. Some couples are “ABD” – All But Divorced – living in harmony separated from each other, but in Florida, unless they are divorced, they are still married.  Should one of them die without a will, that person’s assets get distributed by the State according to the legal formula of Intestate Succession.  Part of that formula is that the living husband or wife is entitled to the homestead property (unless there is a properly executed marital agreement). Divorce does not have to be expensive and it does not have to take a long time.  If both sides are ready to sit down and take the necessary steps to complete the procedure, then a divorce can be over and done with in about […] Read More

Celebration of Death?

Sometimes it is less of a funeral and more a celebration of death…depending on the person and depending on how that person’s will is executed. So you did not like Uncle Bobby and he did not like you.  If Uncle Bobby did not write a will and you were his closest living relative…you may stand to inherit his estate according to the process of Intestate Succession.  His neglect of estate planning could be your gain, regardless of how you felt about each other. When a person dies without a will, their assets get distributed by the State according to a legal formula.  Intestate Succession runs up to their grandparents and down their family tree until an appropriate heir(s) is/are found.  In the absence of a spouse or descendant, property can pass to a parent or sibling.  If there is none of the above, then a person who is a grandparent, aunt, uncle or first cousin may become a beneficiary. On the other hand, maybe you loved Uncle Bobby and he loved you, so much so that he wrote a will with you as his sole beneficiary (excluding his no-good children).  However, if he failed to execute his will properly, his […] Read More

You Cannot Take It With You…Even If You Do Not Have a Will

What happens if you die without a will?  Answer:  You are still dead…and the State determines how your assets are distributed according to a legal formula.  It is called an Intestate Will. If you pass away without a will, Intestate Succession can run up to the grandparents and down your family tree until an appropriate heir(s) is/are found.  In the absence of a spouse or descendant, property can pass to a parent or sibling.  If there is none of the above, then a person who is a grandparent, aunt, uncle or first cousin may become a beneficiary. In Florida, a will can be typed or handwritten on toilet paper, but in order for it to be valid, it must be signed in front of two witnesses who sign in the presence of each other.  A notary public can join in to make the will “Self-Proving,” meaning the validity of the witnesses should not be challenged when it is time to admit the will to probate. The most important thing about a will is to make sure it is executed properly. Seek competent legal counsel to discuss whether you need a will, and if so, to ensure your will is properly […] Read More