Do I need a lawyer upon spouse's death?

[Ericshug23]

Jurisdiction

Michigan

My wife and I have everything in order - wills, living wills, Power of Attorney. and so forth. All our financial assets have named beneficiaries and contingent beneficiaries. All our titled property has ladybird trusts associated with them to go down to a named child upon the second death of us . Our property (homes) are in Michigan, Florida, and Oklahoma. We are legal residents of Florida. Each of our wills leaves everything to the surviving spouse. Total net worth is around 6 million. Not that death is imminent for either my wife or me, but I am wondering when the first one of us dies ( probably will be me), is there any reason why the surviving spouse would need a lawyer ? Given we have three properties and we rotate where we are according to the seasons of the year, if the surviving spouse would need a lawyer, which state - Florida which is our legal residence ? I assume there isn't any reason for probate upon the first death, but would this be correct ? Would there also be no reason for probate supposing we were both to die in, say, a plane crash Thank you for any comment

 

[zddoodah]

when the first one of us dies ( probably will be me), is there any reason why the surviving spouse would need a lawyer ?

Can't say for sure without reviewing the estate plan documents. However, even though you apparently have a solid estate plan in place, there are still things that may need to be done for which an attorney's expertise would be advisable (especially with several millions in net worth). At the very least, a short consultation would be in order. Why not ask the attorney who put together your estate plan about this?

Given we have three properties and we rotate where we are according to the seasons of the year, if the surviving spouse would need a lawyer, which state - Florida which is our legal residence ?

Probably Florida. Again, though, discuss it with the lawyer who put your estate plan together. Better to have these conversations when there's no stress.

I assume there isn't any reason for probate upon the first death, but would this be correct ?

If the estate plan was properly set up, that should be correct.

Would there also be no reason for probate supposing we were both to die in, say, a plane crash

Again, not possible to be certain without reviewing the estate plan documents.

 

[Red Kayak]

Given we have three properties and we rotate where we are according to the seasons of the year, if the surviving spouse would need a lawyer, which state - Florida which is our legal residence ?

You own properties in 3 states.

Each state has its own quirks, some more than others. There are circumstances where you might have to file probate in all 3 states.

It is usually easier to find 3 lawyers, one for each state, than one who is a member of the bar in all 3.

 

[zddoodah]

You own properties in 3 states.

Each state has its own quirks, some more than others. There are circumstances where you might have to file probate in all 3 states.

It is usually easier to find 3 lawyers, one for each state, than one who is a member of the bar in all 3.

I don't disagree with any of this (indeed, I think the chances of finding a lawyer licensed in all three of the states mentioned by the OP are nil). However, if the titles to the properties have been transferred to the trust (part of my prior comment about "the estate plan [being] properly set up"), probate ought not be necessary. A high net worth individual like the OP ought not have any issues getting an estate plan in place that obviates any need for probate.