Bob and Suzy get divorced. Suzy has an adult child, Annie, from a prior relationship. As part of the marital settlement agreement, Bob is supposed to sign a deed conveying his interest in their homestead to Suzy. Suzy is supposed to get a new home loan in her individual name.
Let’s say there is a “traditional” scenario where the husband, Jim, works outside of the home and his wife, Annie, takes care of the children and the home. In this “traditional” scenario, Jim feels it is his responsibility to provide for his family and, as part of that, to take care of all the finances.
When someone dies the Last Will & Testament becomes the controlling instrument. Typically, your Last Will & Testament will nominate a personal representative responsible for the administration of your estate including accounting for all of your assets, paying your creditors and distributing your estate to your named beneficiaries.
Michael and David are a same sex couple who live in the same house, owned by Michael. Michael prepares a will leaving everything he owns to David. Michael is still married to Evelyn who lives in Iowa with their minor child. For various reasons, they never divorced and don’t necessarily intend to do so.
Bob and Kate are an unmarried couple, neither of whom have children, and who live together in a home owned by Bob, individually. Let’s say Bob dies. The good news is he has a signed will. The bad news is he prepared the will himself, without consulting an attorney. The will leaves his home to Kate, who intends to continue living there just as she has for many years.
The scenario: Hank and Janice were married, had a daughter together, Elsie, and then got divorced. Hank died intestate, without a will, so pursuant to Florida law, Elsie was the beneficiary of his estate.
Probate is often thought of as a process that is best avoided. There certainly are situations in which probate is not necessary, but it is surprising for some to learn there are benefits which can only be gained by engaging in the probate process. In most cases, probate is an easy and straightforward process.
The answer is NO. When a person dies leaving a Will and/or Trust, the nominated Personal Representative or Successor Trustee is not obligated to use the attorney who prepared the documents to administer the estate and/or trust.
The law firm answer…..it depends. Did mom leave written signed instructions? If she did, her personal property will be distributed according to her wishes. But if she did not let her wishes be known in a comprehensive estate plan, there could be dissention among the heirs.
To ensure your will is carried out in agreement with your last wishes, you’ll need to appoint an executor (in Florida, this person is referred to as a personal representative). If you create a living trust, you must name a trustee to manage your trust and transfer assets to your beneficiaries.
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The Law Offices of Hoyt & Bryan is Central Florida’s leading estate planning and elder law firm and the only Florida law firm with two attorneys board certified in both Wills, Trusts and Estates as well as in Elder Law. We were founded in 1999 and our main office is located in the heart of historic Oviedo, Florida.
Our office address:
254 Plaza Drive
Oviedo, Florida 32765
