Estate Planning in Florida Estate Planning in Florida - Talk of The Villages Florida

Estate Planning in Florida

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  #1  
Old 05-11-2022, 04:53 PM
jayerose jayerose is offline
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Default Estate Planning in Florida

Good evening,

Newly married here in The Villages.

The house is in my name and I had a will drawn up.

Would my husband also need a will?

He has adult children, some mutual funds and bank accounts.

thank you!
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Old 05-11-2022, 04:56 PM
Bogie Shooter Bogie Shooter is offline
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Contact a lawyer!
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Old 05-11-2022, 05:16 PM
retiredguy123 retiredguy123 is offline
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I think it is a good idea for everyone to have a will. A lawyer will prepare one for about $300 or so. I would suggest calling Amy Pittman, 352-399-6944.
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Old 05-11-2022, 05:17 PM
Babubhat Babubhat is offline
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Depends on how complicated. Can try Nolo or Legalzoom online for minimal cost
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Old 05-11-2022, 05:33 PM
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Florida seems to have some strange quirks, I second Pittman Law.
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Old 05-11-2022, 05:34 PM
KAM+6 KAM+6 is offline
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If he has just mutual funds and bank accounts, and wants to leave to his children, just needs beneficiaries listed on his assets. Keep it simple.
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Old 05-11-2022, 05:36 PM
retiredguy123 retiredguy123 is offline
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A will is good, but, for mutual funds and bank accounts, the best thing to do to designate beneficiaries for those accounts. The assets will transfer automatically upon death and will bypass the will and probate. I have a will, but 95 percent of my assets will transfer immediately upon my death regardless of what the will dictates.
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Old 05-11-2022, 05:43 PM
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Quote:
Originally Posted by Bogie Shooter View Post
Contact a lawyer!
Bingo!!!!

Florida probate is not fun.
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Old 05-11-2022, 05:46 PM
Stu from NYC Stu from NYC is offline
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He should have a will
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Old 05-11-2022, 05:47 PM
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"Let's break it down: State laws may vary slightly, but the typical scheme of most states, including Florida (§732.101 to §732.111), is that intestate property passes in this order: spouse, descendants (children or grandchildren), parents, siblings (and children of deceased siblings).

In Florida, if you are married when you die and have no will, your spouse will inherit everything, even if you have children together. However, if you have children from previous marriages or relationships, then your spouse will inherit half your estate and all of your children will share the remaining half, including any children you had with that spouse."

From: What Happens to Your Estate if You Die Without a Will in Florida?

I suggest both of you see a lawyer to sort things out as estate matters involving intestate succession in second and subsequent marriages can get very messy and possibly expensive. Unintended consequences are common and can prove harsh.
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Last edited by manaboutown; 05-12-2022 at 07:56 AM.
  #11  
Old 05-12-2022, 06:53 AM
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No offense, but why would you ask us for advice that requires a lawyer? We know it all, but are we right?

Seriously though ask your lawyer.
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Old 05-12-2022, 08:04 AM
Dani & Bill Dani & Bill is offline
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Quote:
Originally Posted by jayerose View Post
Good evening,

Newly married here in The Villages.

The house is in my name and I had a will drawn up.

Would my husband also need a will?

He has adult children, some mutual funds and bank accounts.

thank you!
Today, almost all titled assets such as investment accounts, IRAs, and yes personal residences, can be transferred upon death outside a will. Any transfer of assets through a will creates a probate process that is time consuming, confusing and potentially expensive.

Ask your attorney or CFP about TOD or POD registration of assets, or a "lady bird deed" which transfers residential property outside probate.
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Old 05-12-2022, 08:15 AM
Bogie Shooter Bogie Shooter is offline
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11 posts……..7 say ask a lawyer. Need more be said?
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Old 05-12-2022, 03:34 PM
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Best to have a simple will espically since second marriage. To leave financial accounts naming the person as the beneficiary at the financial institution avoids probate and supersedes the will. Do name your beneficiaries. Consider a separate writing for non financial items you want to leave to specific individuals. You should also have power of attorney (not valid once you die) and a health directive.
Has your will been update?
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Old 05-12-2022, 07:30 PM
jimbomaybe jimbomaybe is offline
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Quote:
Originally Posted by jayerose View Post
Good evening,

Newly married here in The Villages.

The house is in my name and I had a will drawn up.

Would my husband also need a will?

He has adult children, some mutual funds and bank accounts.

thank you!
I am surprised no has mentioned a trust, property passes w/o probate, as simple or complex as you need ( in addition to a will)
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