Legal Question in Wills and Trusts in Florida

Do you have the form "gift causa mortis" which is valid in Florida? If you do, what will it cost me to obtain this form?

Asked on 3/28/12, 7:42 pm

2 Answers from Attorneys

Gift Causa Mortis is not a written form, for that would be a Will. It is an oral declaration given in front of others towards the end of ones life. I am familiar with it, but have never seen it done.

The person must be dying, and directs someone to take an asset. Then the person must die of what they perceived they were dying from. Later proof of the person who received may be an issue.

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Answered on 3/29/12, 4:30 am

Lucreita Becude Lucreita D. Becude, P.A.

A gift causa mortis is a gift that is made under an immediate apprehension of death,

usually from a known peril, which is revocable if a donor does not die. Like an inter

vivos gift, a gift causa mortis must be evidenced by intent, delivery, and acceptance.

Some courts appear to require a greater degree of proof of intent, delivery, and

acceptance in the case of a causa mortis gift because of a concern that such gifts are

inconsistent with policies underlying statutes of wills in that they are often unwitnessed

transfers. See, e.g., Foster v. Reiss, 18 N.J. 41,112 A.2d 553 (1955). A gift causa mortis

may be used to avoid the claims of creditors because the creditors generally cannot obtain

property that is properly gifted.

Having explained what it is - understand this is an immediate gift with DELIVERY - this is where you may have a problem. I suggest you have a will done. The courts will accept that.

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Answered on 3/29/12, 8:06 am

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