Will

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Latest post 11-09-2009 5:48 AM by Jsmitten-Esquire. 6 replies.
  • 11-06-2009 2:12 PM

    Will

    Can my wife write a will without my knowledge to get more things and money to her children ( second marriage )

    We live in Florida

  • 11-06-2009 2:20 PM In reply to

    Re: Will

    Sounds like you need to consult a family law attorney; in general, she can will any part of her own property..even her half of the marital home if it's not held with title to the surviving spouse.  But there are many state specific laws.

  • 11-06-2009 2:26 PM In reply to

    Re: Will

    Each state has some rules about cutting a spouse down too much --the law in FL very likley provides that if she leaves you too little a % of estate you can elect your statutory minimun share--plus FL provides some special protections about roof over your head. Yes, she can cut your share-Yes if she goes to far you may have other options.

    Neight of you needs to share will information with other.

     

    There may be other more decent ways to do it.

    If she really wants to cut you out she can pull that off if so inclined--FL's reconstruction/lookback features seem easy to plan around. So in a sense one could leave a near empty pot for spouse!

     

    Sorry--but rules permit some not so nice games!

     

    I think its fair and reasonable that ultimately her kids get waht was hers--but there is a way for you to use same for your life if you outlive her --look up QTips .  Now of course her kids may want it now?

     

  • 11-06-2009 3:17 PM In reply to

    Re: Will

    Are you saying in the state of Florida either spouse can write a will ? Can they also designate property IE; cash, house ,car, boa jewelry etc.?

  • 11-06-2009 3:22 PM In reply to

    Re: Will

    Your spouse can write a will and cut you out.  If she consults an attorney, however, he or she probaby will identify the problem with such a plan.

    After her death, you could petition the probate court to divide her estate under intestacy.  In other words, probate would proceed as if there was no will.

    In most states, a surviving spouse gets anywhere from one-third to one-half of the other spouse's estate, regardless of what the will says.  You would have to talk to a local attorney to learn the specifics for Florida.

    Some stuff, such as a house, may pass by title and not be subject to probate.

  • 11-08-2009 12:55 PM In reply to

    Re: Will

    Please tell me more about Florida's   reconstruction/lookback .

  • 11-09-2009 5:48 AM In reply to

    Re: Will

    There is what is called in FL as the Elective Share so your wife cannot write you out of her will you have a statutory right to a portion of her estate no matter what the will says.

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