Legal Question in Wills and Trusts in Florida

I'm preparing my own simple will and want to know that since my home is owned by myself and a friend with right of survivorship do I need to mention it in the will and also, do I need to mention any life inbsurance policies that have named beneficiaries?


Asked on 9/23/10, 2:10 pm

3 Answers from Attorneys

Latangie Williams Law Office of Latangie Williams, P.A.

You would not need to mention either the home or the insurance policies as they automatically pass to the individual with the right of survivorship and to the beneficiaries as a matter of law.

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Answered on 9/28/10, 2:19 pm

You may want to acknowledge it, or at least cover the situation if your friend predeceases you.

Make sure you execute it correctly. Lawyers make a lot of money over invalid Wills and Codicils. My history is that 90%+ of self made Wills are not properly executed.

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Answered on 9/28/10, 3:14 pm
Terrence Thorgaard Thorgaard Law Firm

It appears that, if you survive your friend, the house would pass outside of your estate. Similarly, the life insurance policies appear to be "outside" of the will.

Also, keep in mind that normally you wouldn't have to mention these particular assets in your will in any case. I am assuming your will has the standard residual clause ("everything I own at the time of my death shall go to ..."), In that case if, say, the named beneficiaries in one of the insurance policies predecease you, the policy would revert to your estate and would, along with anything else you didn't mention specifically, pass through your will.

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Answered on 9/28/10, 3:57 pm


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