Legal Question in Wills and Trusts in Florida

Re: wills

You need to make separate Florida Wills.

Re: wills

You can make a joint will, but a joint will is almost always a bad idea. During the time period when one of you has died but the other has not the joint will cannot be changed, which might be a benefit but is far more likely to be frustrating. During that time, property can be tied up by the existence of the will. Be wary of a lawyer who advises you to make a joint will, unless the lawyer clarifies a very good reason for doing so. Any lawyer who prepares one for you should describe potential drawbacks and should clarify why you want a joint will.

What you should do instead is to both go see the same estate planning lawyer and make a plan together. It is very likely that that lawyer will advise you to each have your own separate will drawn up. If your goal is to leave everything to your spouse, then you can do this with two separate wills. Frequently, two almost identical wills are drawn up in which each spouse leaves assets to the other. The lawyer will also be able to identify assets, like a house or bank account, which may pass automatically by deed or joint ownership and so won't be affected by the will.

Estate planning is an area where paying a little bit ahead of time for good advice means that things will run smoother in the future. This is true even for people who aren't rich. So, you should see a lawyer to have wills done and not try to do this yourself.

You can ask the lawyer who prepares your wills about a joint will, but it is very unlikely that a joint will will be a good option for you.

Re: wills

Yes. Yes.