A will is a document that makes your wishes known in the event of your death. A will sets forth how you wish to have your property distributed, appoints a Personal Representative and addresses issues regarding minors, among other things. It is important that your will is clear as to what your wishes are so that your affairs can be handled accordingly.
Upon the death of the maker, a will must be proven and administered through a process known as probate. Please click here to learn more about probate.
Laws governing wills can be complicated and may vary from state to state. The State of Florida has enacted laws that govern wills including, but not limited to, the validity and interpretation of wills, the qualifications of a personal representative and probate procedure. Any will that does not meet the requirements of a will set forth by the State of Florida will not be recognized by the court.
It is important that you speak with an attorney prior to making a will. An attorney can assist you in analyzing your particular needs and that of your family. An attorney can discuss with you the important decisions related to your will as well as the applicable law. An attorney will then draft a will that clearly states your wishes.
What if I die without a will?
If a person dies without a will, that person is said to have died intestate. Any property not disposed of by a will is referred to as the intestate estate and is distributed according to the Florida Intestate Succession laws.
A will allows a person to make certain decisions and to make those decisions known. This will ensure that property is distributed according to a person’s wishes and not according to the Intestate Succession laws of Florida.
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