Legal Question in Wills and Trusts in Florida

My wife unknown to me has willed community property to her daughter by way of making her a 'beneficiary' in an annuity which is made up of a severance pay and 401k she received from her job approximately 10 years ago. We Lived in New Jersey at the time, we are now living in Florida.


Asked on 8/23/14, 7:40 am

2 Answers from Attorneys

Joseph Pippen Law Office of Joseph Pippen & Associates

You need to meet with an attorney if your wife has died.

You are entitled to an "elective share" of the estate unless you signed

a pre-marital agreement.

If she is living-you and your wife should visit an estate planning attorney

to discuss coordinating your estate plans and working out an agreement.

Florida does not have "community property laws" like California and a few other states.

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Answered on 8/24/14, 5:48 am
William Gwaltney William W. Gwaltney, Attorneys at Law

As Mr. Pippen stated, Florida is not a "Community Property" State. If the asset was your wife's property prior to marriage then it MAY be considered outside of the marital estate, but there are caveats that need to be explored.

You both should consult with an estate planning attorney to see what is the best and most efficient way to distribute the assets according to your wishes. Structuring estate planning documents is especially important when there is a need/desire to provide for children that are not common to the marriage. Many clients find that a Revocable Trust or other documents work well in these situations, but at least get a big benefit from actually taking the time to consult in person with an experienced attorney.

In your area there is no shortage of estate planning lawyers. Good luck.

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Answered on 8/25/14, 8:48 am


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