Q: Ensuring inheritance for husband in Florida: Will or Trust needed?

A: You should retain an estate planning attorney to address these concerns. An estate planning attorney can draft a package of documents for a relatively modest fee to protect your assets and ensure your wishes are memorialized. While there are all sorts of websites social media posts that tout DIY documents, this is a bad idea for all but the most simplest of circumstances. Hire a lawyer.

A: While you can accomplish the goal in the manner that you have described (adding to deed, joint accounts, pay on death and transfer on death), it would be advised and wise to work with an estate planning attorney to accomplish these goals. While a Will is going to need to be probated and it would require a probate attorney and probate related costs, a Trust avoids probate if properly drafted, executed and funded. I would additionally add, estate planning provides all the additional documents and estate planning needs you may be concerned about or at least should consider related to Durable Power of Attorney, Will, Living Will, Florida Healthcare Surrogate, Nomination of Guardian, HIPAA Waiver and so forth, as all of these documents can be extremely vital and or needed at various points in the future if physical incapacity or similar mental incapacity were to arise.

A: To ensure your future husband inherits everything without probate, a trust is the best option. While adding him as a co-owner with rights of survivorship on the new home would allow him to inherit it automatically, your other assets—like your car, jewelry, and personal belongings—would still require a will or trust for smooth transfer. A revocable living trust allows you to specify that your husband inherits everything first and then passes assets to your son later. Without an estate plan, Florida intestacy laws may distribute your assets in a way you did not intend. Consulting an estate planning attorney can help set up the best plan to protect both your husband and son.