Affidavit Of Continuous Marriage

[Gwenwynwyn]

My spouse died in 2003, I paid off the only debt he owed(in his name) that same year, as it looks I will most likely leave around 20 grand debt to my only child after my death(which is not in default), my child is a paralegal and to his past experience Florida’s intestate succession laws only require my estate to go through probate if it is valued above 60 grand which is about what the house is worth in this market(appraised at $55.000 in 2003), my son is stating to me that the generic Will I prepared at the bank will not suffice because it does not have a stipulation that all my debts owed at my death will transfer to my only descendant, my question is this true do I need a new Will because we don’t wont to have to bothered with any probate action upon my death, and is a Affidavit of Continuous Marriage(necessary) and do I have to transfer the deed to(my name only) before I die or prepare a new will ?

ANSWER: GO TO A LAWYER IMMEDIATELY!  NEVER NEVER use a generic will!  There are literally hundreds of options available to you and if you desire to avoid probate a will won't cut it.  Even if you have a dollar to your name, legally you need some form of a probate process to move the money to the heir.  Spend the $250.00 and get it done right.

---------- FOLLOW-UP ----------

My son and myself have known many people here in Florida that has only one child upon there death and there estate DIT NOT go into probate, but my son is telling me the law changed now there must be a stipulation concerning the tranfer of the debts, sorry your answer seems very ambiguous.

[Yul]

It was, on purpose.  It is impossible to offer an estate planning advice without looking at all of the facts, circumstances and documents in person.  To offer an opinion based on partial information would not be in your best interest.  Go see a lawyer.