Living Wills better than living wills

What is the name of your state? FL

If you have a living will and it has not been changed since the passing of a spouse, can everything go into probate? And, is a will better than a living will?

You are confusing the two 'living will' as opposed to a valid testimentary will.

So, what is the EXACT situation?

BelizeBreeze said:

You are confusing the two 'living will' as opposed to a valid testimentary will.

So, what is the EXACT situation?

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I think I meant a Living Trust. I know a living will pertains to life support issues, etc.
My father in law has been a widower for 3 yrs and he has never changed his living Trust such as removing Mom and updating his estate. He has had a few strokes and he tells my husband that he will be the executor. My husband talked with a friend and was told his estate will most likely go into probate. My husband wants to avoid this as we would have to keep up the home , taxes etc. until the estate was released.

Then have your husband speak with pops about visiting an Estate attorney. Simply because your husband may be executor doesn't mean there won't be probate. Filing probate entails a lot more than who is executor. There is the size of the estate, the beneficiaries, the presence of a will or not and various other laws that regulate estates.