More details to this question:
I am married and my husband has a daughter who is wanting him to get a will to determine who has the last word on what happens to him if something should god forbid later on in life. But I say I am his wife that decision should be mine
1 ANSWER
Under Florida law, even if a spouse cuts another spouse out of a will, the surviving spouse is entitled to a third of the deceased spouse's estate. It is a bit more complicated than that, but this gives you a general idea.
If you are referring to a power of attorney- as to who would make health and financial decisions if your husband was unable, that is a personal decision for your husband to decide. A power of attorney could be done jointly as well-where his daughter and you make the decisions.
Also, if the power of attorney is left to his daughter, you could challenge it and ask to be appointed his guardian by the court, but candidly, a guardianship is very expensive and cumbersome to administer, and a power of attorney makes things easier. Maybe joint decisions are the way to go.
Hope this helps.
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Boca Raton
954-316-3496/561-962-2785
info@vovalaw.com
Answered on Aug 27th, 2019 at 8:19 AM