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Generally, no. In the event that you may have signed as a personal guarantee for either your spouse or your parents that you will pay that particular bill, in that instance, yes, but generally, no.

My answer is always yes. It's always good to go to a professional that knows the law in this specific area. And depending on the size of the estate, and if there are other beneficiaries attached, the Florida legislature is going to require that an attorney assist you in this administration.

All couples need an estate planning lawyer to guide them with their options in this particular field such as wills, trust, estate tax, what happens when I pass away, is there a way I can avoid probate and professionals are trained to give people the answers they're looking for otherwise if you try to do it yourself, my experience is you're going to consult a lawyer, but it's always after the fact and at a greater cost.

Generally, no. One of the benefits of having a living trust is to avoid probate. However, there are always those times when an asset is not retitled in the name of the trust, or the individual opens in a bank account and fails to open it in the name of the trust. In that situation, a pour-over will is like a safety net. It will pick that asset up, and through the probate process, pour it into the trust so it flows through the instructions of that trust.

To answer your question, you do not have to serve as a personal representative or an executor. In the event that you do not want to, for whatever reason, generally, I recommend having a backup or a secondary person to take over that position. In the event if there's not a secondary person, the beneficiaries can decide who would be the personal representative or the executor as long as they qualify under the Florida statutes to be that person.