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Gifting a job in a will

If you are the owner of a company or business venture, you might be able to gift a job to someone in your will. Florida probate attorneys say that although the process can be rigorous, you can bequeath a lifelong employment position to one of your family members, friends or employees.

Florida courts have ruled that wills, however, cannot contain specific hiring requests for attorneys or real estate agents who are associated with the execution of the will. Rulings have concluded that those fiduciary relationships are different than simply hiring an employee at a company; therefore, a specific relationship between the executor and another professional cannot be mandated. A non-fiduciary relationship is fair game for inclusion in a will, though.

It is important to remember that your request to bequeath a job or lifetime salary on an employee may fall victim to other beneficiaries' rights throughout your will execution process. Numerous cases in other states have determined that such designations are considered as recommendations in a will rather than requirements. Say, for example, that you left your majority share in your company to your children, stating in the will that a specific worker was to be employed for life with a certain salary. Your kids could effectively challenge that requirement in probate court if they did not agree with it. Ultimately, the courts would see that request as a suggestion in your estate documents rather than a mandatory action.

In addition, if someone questions your relatives' or friends' ability to continue working at the company, it's possible that your will's provisions will be virtually ignored. In other words, the particular facts and circumstances surrounding your request will play a role in your ability to bequeath a job.

If you are considering bequeathing a job to an employee or relative, consider speaking to a qualified probate attorney. These professionals can help you learn more about your rights and responsibilities, protecting your assets and wishes after death.

Source:  www.naplesnews.com, "It's the law: You might gift a job in a will" William Morris, Jul. 26, 2013