Will or testament creation during divorce - good idea?

[x1987x]

What is the name of your state (only U.S. law)? Florida

So I'm pondering my odd divorce: I'm the husband and left with the kids while the wife is manic depressive, emptying bank accounts, making stress and causing chaos. Will a Will/Testament allow me to pass much onto my 17 yr old daughter or 19 yr old son?

I read somewhere that properties (houses) owned during marriage will get passed onto the surviving spouse - is this always true? does it apply to Florida? What of vehicles?

I'm concerned about the minute possibility that perhaps if she knew it, she could off me and get the properties - leaving my children with nothing. (Nothing's beyond her and her illness).

If properties will go to the surviving spouse - is there really anything substantial left that I have to pass on to the kids in a will?

Does it make sense to make a will before the divorce is complete (really it barely started - only 2 months into it)?

Thanks

 

[Dandy Don]

Your divorce attorney can answer this question for you and THEN you can decide what you want to leave to the kids, if anything, after the divorce is over. If you can afford the monthly premiums,think about insuring your own life by getting a life insurance policy with them named as beneficiaries. And have you taken steps to get wife's name OFF the bank account now and having only your name on it so that the drain of funds will not continue?

 

[Farfalla]

What does the deed say? whose names are on it and is there any wording about rights of survior?

We are dealing with a case in Florida right now. The deed says "John and Mary , husband and wife"... John died a couple of months ago. In Florida Mary does not automatically get John's half of the house upon his death. John could have willed in to anyone he pleases.

 

[x1987x]

And have you taken steps to get wife's name OFF the bank account now and having only your name on it so that the drain of funds will not continue?

Yes, the funds have been isolated from her (name) control, what was left of them - about 25% of what they were. I feel one step behind all her actions!!! What else will she do, ahhh!

What does the deed say?

Sorry, I haven't seen the deeds for a while and can't remember. The cars say "<husband> or <wife>." She took the deeds and titles pretty quickly before it was a divorce - I was just too slow to notice they were gone.

Thanks

 

[Farfalla]

Yes, the funds have been isolated from her (name) control, what was left of them - about 25% of what they were. I feel one step behind all her actions!!! What else will she do, ahhh!



Sorry, I haven't seen the deeds for a while and can't remember. The cars say "<husband> or <wife>." She took the deeds and titles pretty quickly before it was a divorce - I was just too slow to notice they were gone.

Thanks

Here is the florida web site for public records, enter your name, even just the last name will do, and select search. It should bring up your house deed.

"https://www.myfloridacounty.com/serv/MyFloridaCounty/ORI/Order?thisPage=MyFloridaCounty.ORI.Order.state.Start

Another way to do this in Florida is to search for the county clerk's site... for example for Okaloosa County do a google search on

"okaloosa county clerk"

and you wil get their site http://www.clerkofcourts.cc/

Some of the county clerk sites have better interfaces that allow for better display of the documents. Look it up and let us know how what the deed says.

 

[x1987x]

I found warranty deeds at my county site: http://clerk-web.******.fl.us/ (seems the word filter blocks my county, hint: the one below PSL and above WPB...

And I can't find my deeds for either house (marital or non-marital home) from myfloridacounty.com

Do I need to call my county or something for that for that old house? perhaps the archive department.

EDIT:

on second thought, wouldnt the mortgage company have that. so sorry.