Legal Question in Wills and Trusts in Florida
Inclusion of child of previous marriage in Will
When writing a will it is usual to state I am so and so and married to this person and we have four children. (All children over the age of 21)
Only three children are a product of this current marriage. The first child was born of a previous marriage where the mother is deceased. The father is the sire of all four children the mother only of the three.
How would the wording read in the Will. Would it be a problem to leave the wording as "We have four children" on both parents Wills, or would the fact that the mother never adopted her husband's oldest child.
Thank you for any assistance in this matter.
1 Answer from Attorneys
Re: Inclusion of child of previous marriage
Since the testator isn't around to explain things when it counts, it's best to be as accurate and descriptive as possible when describing family relationships in a will. The clearer a will makes it that the testator knew exactly what he/she was doing and why, the less likely it is that the tensions which occasionally arise after death (particularly in "blended" families) will result in litigation or challenges to the will.
This is general commentary based upon my training and experience; I can't render legal advice without a consultation in which I learn all relevant facts.
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