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Everything is in both our name's. We are elderly and live in Florida. I created our wills on the “will and Trust” website. My husband is afraid he could lose our home if we sign wills and I die first.
One child is very rich and smart and lives 2,000 miles away and mentioned she would like our house as a winter get away. The other that helps us and lives next door is struggling. We want to make sure she is helped when we pass.
How can I convince my husband to sign/notarize the wills?

Your husband needs to hear the importance of this from someone other than you. It’s not uncommon for people to take information from an authority figure on a subject much more than from a family member. Please make an appointment with a lawyer who specializes in wills. It will be well worth the cost, and the cost may surprise you in terms of being more reasonable than you think. My husband and I learned several things we’d never have known to include without professional guidance. Take hubby to the appointment and let him have his concerns eased there
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Reply to Daughterof1930
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If he has most/all his cognitive abilities (logic, reason and empathy in particular) then maybe sit down with him and write down all his concerns. Then make an appointment with an elder law attorney and ask the questions. The attorney will interview each of you separately to determine legal capacity to create a Will (and hopefully assign a PoA who is chosen from among your children).

Make sure to ask the attorney what happens if someone becomes incapacitated and doesn't have a legally assigned PoA, or dies "intestate" (without a Will).

It's my opinion that you should be paying your caregiving daughter now so that she's not struggling now and burning out trying to care for 2 people, and have a written agreement so that the other distant sibling doesn't misunderstand why she's getting money from you. This is also a conversation with the attorney.

You must have a plan to pay for extra care, or facility care if this daughter burns out or gets sick or (heaven forbid) passes before you do. This is a thing that happens.

I have a cousin who provided 3 solid years of live-in care for her 90+ yr old double amputee Dad. He didn't pay her while alive, but instead left her his mediocre house. Her siblings are contesting this and one is suing her. You may think your kids won't do this to each other but money changes a lot of things. Pay your daughter now. This is what you saved your money for: to pay for care and not put your daughter in a hard place.
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Reply to Geaton777
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I agree you should see a lawyer. He is probably thinking that he will go first and you have a will, so no problem. But if he follows you, then he will die intestate and it would be more of an administrative burden on your daughters.
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Reply to Jennyjenjen
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Without a Will the State determines who inherits.

If a Will is written "what yours is mine" then the surviving spouse gets everything. The surviving spouse makes up a new Will naming beneficiaries.
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Reply to JoAnn29
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MACinCT Nov 5, 2024
In my state of SC with no will, the spouse only gets 50% and the children inherit the other 50% split by how many kids you have. Also with inheritance, the surviving spouse can change a will to include or not to include stepchildren. She needs to see a lawyer about probate in her state and not to consider web based wills. Especially with large estates. Legal fees alone will be more costly with no will and squabbling
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Dwies48, welcome to the forum. If at all possible, drag hubby to see an Elder Law Attorney. The Attorney can explain the importance of a Will and various State Laws that can affect a Will. Plus keep you both updated of any changes in State Laws which would require you to tweak your Wills.


The Elder Law Attorney can explain the importance of having a Revocable Trust (depending on the size of your estate) that will help avoid needing Probate (and taxes involved) when one of you should pass.


My parents had a Will that was older than dirt, and if they hadn't created updated Wills and a Trust, it would have been a nightmare for me, their daughter, to try to follow their old Will.
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Reply to freqflyer
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TouchMatters Nov 5, 2024
This is what I was going to suggest.
An outside, independent professional that will elicit trust in the husband - to hopefully hear what is needed. Thank you.
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You have discussed this with him?
Does he have some dementia? Because there must be some reason he is fearful of wills.
Would he feel better if he saw an attorney to write up the will?

In general terms, as a spouse several times and a partner now, and after having lived 82 years, I find that there is no way to convince ANYONE to do ANYTHING they don't wish to other than sitting quietly to explain my thinking. If they don't agree, that's pretty much that. And then the daughters will have the estate divided equally when you die intestate.
You may want yourself to see an attorney to find out if there is any way that you can correct this for yourself. For instance, your home is in both your names. But there may be other assets? Savings Accounts? These can be designated as POD to one person, for instance the daughter most in need. And you will want her to have a copy of said account or CD as banks often will have the beneficiary listed, but will NOT NOTIFY the beneficiary upon your death.

Should your husband die first, of course, you can take care of this quite easily.
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Reply to AlvaDeer
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It’s a rather morbid thing to have to do in some minds
might be best to say you’re going your will so got papers for him as well because without a will the banks can ‘steal’ your money and there are better charities to give your money to than the bank!
the government will take your hard earned funds if you don’t protect yourself with a will and lose all to the government
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Reply to Jenny10
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In some aspects, his stance isn't without merit - or at the very least, unreasonable. He needs to see legal documents on PAPER ... in his hand ... provided by A REAL PERSON --- an attorney who explains everything. In this day and age, it is reasonable to NOT TRUST what a website forum can / will do. And, there are individual needs / preferences that need to be discussed and included in legal documents that - perhaps - a 'website' will format cannot provide; although if it gives one 'all the room necessary' to make specific, individual provisions, the PSYCHOLOGICAL aspects of feeling trust and secure in decision making can / may only happen when working face-to-face with a professional / attorney.

Gena / Touch Matters
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Reply to TouchMatters
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He will get his best answers to calm his fears from an atty. Given the situation of a child struggling AND helping you each day - there has to be a fair way to ensure this child is helped.

I would not use any documents from a website when there are concerns such as you and your husband have. An atty is your best bet
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Reply to my2cents
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I agree you and your husband should meet with an experienced estate planning/elder law attorney. Your estate plan should not just be a death plan, simply leaving what you have to each other, and then to both your children when you are gone. An experienced estate planning attorney will not only teach you the best way to leave gifts to your loved ones when you are gone, but will also include disability planning - financial power of attorney and healthcare advanced directives. Good luck.
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Reply to GoldbergEL1999
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