DISPERSE YOUR ESTATE YOUR WAY
The foundation of basic Estate Planning is the drafting and signing of a Last Will & Testament. No matter how small your estate, it is a good idea to have a Florida Will. It is your written instructions to a probate court, which declares how you want assets that are titled in your name to be distributed at the time of your death. Our firm serves clients in Orlando, Winter Park, and the surrounding communities, and helps them define the asset distribution plan that is right for them.
Very efficient and easy way to draft our will. Kathleen and her staff are very professional and pleasant to work with.
5 Star Google Review – T.C.
Florida Last Will and Testament FAQs
What should a Will cover?
A well-drafted Will has two key parts:
- Clear instructions about your wishes regarding the beneficiaries of your property, the “Who gets what and how” of the assets you’ve left behind
- Identification of the Personal Representative (also called the executor), the person or persons whom you want to settle your affairs and handle the administration of your estate after you are gone
Who should have a Will?
Anyone 18 years of age or older can create a Last Will & Testament. Whether it concerns a million-dollar estate or your car and a few cherished possessions, a customized attorney-drafted Will makes things much easier for everyone left behind. Most important, you will have peace of mind that your wishes will be carried out.
Can’t you just write a Will yourself or use an online downloadable form?
Many people believe that a Will they have prepared by themselves is sufficient. If done correctly, it can be valid and legal. Yet this do-it-yourself approach may cause unforeseen problems for your family and your heirs, because you didn’t know what you didn’t know.
As your Estate Planning and Elder Law attorney, Kathleen Flammia will help you think through important questions you may not have considered. Some examples:
- What assets are and are not part of a Florida Probate Estate?
- If you suddenly pass away, who would be the guardian of your minor child?
- At what ages do you want your minor children to receive an inheritance, and who will manage it for them until they come of age?
- If you have wealth, have you been counseled on gift and estate taxation, donations, and Asset Protection Planning?
- Have you considered creating Trusts for the benefit of loved ones? How would they be administered?
Does a Will need to be updated?
Yes. If you already have a valid Florida Will in place, it is always wise to have it reviewed when your circumstances have changed. Divorce, additional children and stepchildren, remarriage, and an increase or decrease in your property and assets are just a few excellent reasons to revisit your Will.
What happens if I die without a Will in Florida?
Too many people die suddenly or unexpectedly before executing a Will. If you pass away without a valid Will (or Trust) in place, the State of Florida will decide who gets your assets by following the pre-determined formula as stated in the inheritance statutes—which is likely not the way you would have chosen. If you have no heirs (meaning no living blood relatives, living descendants, or a surviving spouse), the State of Florida will take your assets.
Not having a Will can slow down the probate process, resulting in very costly, exasperating, and time-consuming efforts on the part of your loved ones. If you want to designate exactly who will receive your assets and not rely on the State of Florida’s judgment, you must have a valid Will.