Wills

Wills

Wills are an important part of an individual’s overall estate planning.  It is the written direction that an individual provides to dispose of property upon death.  There are individual laws for each state that set formal requirements for a legal will.

In Florida, the maker of the will must be 18 years of age and of sound mind at the time the will is signed.  Additionally, the will must be in written form, witnessed and notarized.  It is important to know and follow all of the requirements of Florida law for your will to be executed.

If necessary, changes can be made to your will through “codicils” or amendments, that follow the same steps and formalities as a will.  A will cannot be simply changed by crossing something out or including handwritten additions after the will is executed.

With a will you can make decisions on how you want your assets and property to be distributed, rather than a court deciding after your death.  You may name a personal representative to execute your will.  According to Florida law, this representative can be a person, a trust company or a bank, with certain restrictions.

In addition, a will allows you to appoint a guardian for your minor children, if necessary, and allow you to set up a trust for their financial benefit. It also allows you to give money and property as you deem fit, to any person or charity.  Real estate may also be sold, at your request, rather than being transferred, according to your wishes.

With regard to real estate transfers, there are specific types of property that cannot be transferred by a will because the rights of ownership terminate at death.  An estate attorney can help you navigate these exceptions and assist you in making decisions for your estate.

Additionally, Florida law does not allow you to disinherit a spouse in your will without a properly executed agreement.  Florida law gives the surviving spouse a choice to take the share provided under the will or a portion of your property determined under Florida’s elective share statute.  The statute uses a rather complicated formula to determine the elective share, and it may be helpful to contact an attorney who specializes in this area of law to help you navigate.

In addition to drafting your will, an attorney can help you execute additional documents including:

• Living Will
• Power of Attorney
• Health Care Surrogate Designation
• Preneed Guardian Designation (you and your minor children)

Drafting a will can be a complicated process to undertake.  There are many legal considerations and statutes that govern how you can dispose of your property and assets upon your death and provide for your family.  It is important to enlist the services of a skilled attorney, who specializes in wills and estate planning, to ensure that your final wishes are executed as you planned.

Our attorneys have many years of experience in wills and estate planning and can help you navigate through this complicated process.  Contact us today to schedule a free consultation to begin your estate planning.

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