Chateaugay, NY Estate Planning Law Firms & Lawyers

Well here is a couple of ideas starting with the inane. One you could get divorced thereby eliminating any challenge from the surviving spouse. Of course, that could strain your finances among other things. Second, you could ask for a postnuptial agreement from your current wife where each of you waive your rights to an elective share and any homestead rights. Of course this could lead back to option one, thereby making option two null and void. Third, you could give everything you have away during your life but again, this could trigger option one again and a whole bunch of other legal and tax issues that may not be worth the hassle. All joking aside, the fundamental issue is whether you can disinherit a surviving spouse and in Florida, there is a right to the elective spousal share which prevents the disinheriting of one's spouse. Additionally, you have to cope with the homestead rules which also prevent one from leaving a spouse and kids homeless. It is common in second marriages to do a trust and splitting the assets proportionately among each other's kids, however, most spouses don't leave the other penniless. If this is truly what you want, consider negotiating a post-nuptial agreement with your wife assuming there are valid reasons for doing so. If there isn't, one could argue the contract is void for lack of consideration...so be careful. One final note and most likely the right solution, is that if the bulk of your assets are coming from a future inheritance, consider asking your mother to pass those in trust directly to your children or to you in a protected trust vehicle. This could prevent any marital issues and accomplish what your ultimate goal is. I would highly recommend that you contact an estate planning attorney to get the right guidance based on the facts.

You may want to have a consultation with an attorney to review your options. It is well worth the money if it will save you and your family aggravations down the line. Many attorneys, such as myself, will even do these over the telephone.

I would suggest if you are one of two heirs, that you compel a sale of the proceeds and split the funds. You will need a probate attorney to probate this property because you do not have title to the property. Near the conclusion of the probate proceeding, you could talk with the probate attorney about assigning your interest in the estate to your brother, which would facilitate the transfer. But to just refuse to sign necessary documents out of spite is not cool. Please rethink your position.