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Ely
Ely, Counselor at Law
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If a couple has a si8multaneous death, like an accident, and

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If a couple has a si8multaneous death, like an accident, and has no one to act as executor, can a lawyer do this? We vare eachothers executors and have a simple will with no children.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is yes. Nowhere in Florida Statutes does it state that an executor has to be a family member. In fact, it is very often that the individual picks a non-family member (often an attorney) to serve as the executor, and/or one as a back up.

In addition, the executor appointment can depend on what happens. In other words, it is perfectly acceptable to state that if both A and B pass at the same time, then X is the executor, but only if A passes, then Y is the executor for A's will, etc. It is however you wish to have this.

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.


Do you know how the lawyers charge for this? Do we have to pay them to make the will and a yearly fee for agreeing to administer it. We got a price of almost $2000 for a simple will with no complications. We have no children or ex spouses. We do not have enough moneyb to warrent a trust. Everything would be split between a couple cousins and one nephew. We have no debts. Our healthcare is covered by the military system. We are typical old fashioned seniors.

Cheryl,

Thank you for your reply.

Do you know how the lawyers charge for this?

This is up to you. You can ask an attorney what he would charge to be an executor. Most will likely ask for a $50 to $150 per hour rate, although some would agree to a flat fee. Some may even agree to do it for free as part of drafting the will. So it is negotiable.

Do we have to pay them to make the will and a yearly fee for agreeing to administer it.

You can pay them either only to draft the will, or to be the executor, or both. Actually, unless your estate is very complicated, a Will can be drafted often without the need for counsel. I am providing three examples below:

Example 1 - here

Example 2 - here

Example 3 - here (scroll down to Download a Free Generic Last Will & Testament and see "Free Married Couple Last Will & Testament")

So honestly, you may not need an attorney to do this.

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