Legal Question in Wills and Trusts in Florida
My husband and I have been married 20 years, this being a second marriage for both of us. If everything that we own is in both names, property,bank accts, autos, etc., do we need a will? There are three grown children from his first marriage and I'm sure that will try to get something. He has left two children as beneficaries on life insurance policy but doesnt want to leave his son anything as he cheated him out of a property 10 yrs. ago. Does he have to left anything to them?
1 Answer from Attorneys
He should have a will and he can specifically exclude his son. If the assets are held in your name as tenants by the entireties, they will pass to the surviving spouse without probate.
If there are assets solely in his name and he has children, they can share in his estate.