In Florida, creating a Will is perhaps one of the most important plans you would make. There are several free outlet that allows you to make a plan; however, there legitimacy can be questionable. As an essential estate plan document, you last will should adequately contain how you want your estate distributed when you die. Also, you could indicate who takes over managing your properties and also name a guardian for your minor kids. Estate planning is quite easy, however, is it really worth it making a do it yourself plan? Florida, just like other state dictates the guidelines for making any estate documents. They decide what formalities and all inclusion necessary for a last Will. As such, when you make your will without considering these factors, you could be setting yourself for trouble and long probate processes. Rather than make just anyhow plan, an estate planning lawyer would more to guide you through creating a proper will.
Wills and Free Wills.
A will is a very common term. This legal document holds information about how an estate owner wants his or her assets or properties to be shared and managed among the designated beneficiaries. In the will, the assets of the deceased is stated alongside preparations or plans about how he or she wishes to be buried. The name of the estate executor is also present in the will. An estate executor is an individual who is chosen by the estate owner to act on his or her behalf. It is the duty of the estate executor to ensure that the wish of the estate owner is fulfilled. It is also his duty to ensure that all unpaid debts of the deceased are settled. If you lack the finances or you need a prep about how to prepare a will, there are some sites that can offer you the opportunity to create free wills. Ensure you contact our estate planning lawyers if you need assistance about your estate planning or if you need legal help.
When does a will become effective in Florida?
A free Will in Florida only becomes effective when the will maker dies. The personal representative or estate executor would proceed to implementing the plans. However, probate court decides whether the will is fit for implementation.
Other types of Will.
A living will allows you to write down your wishes concerning the kind of healthcare you desire during end-of-life situations. A Florida living will only become effective when your physician notices that you have lost that capacity to make such decisions.
The incapacity herein referred to: Lacking understanding or knowledge whatsoever of the health care options available and lacking the ability to convey your thoughts or decision to the understanding of others through any means possible.
Assets funded into an irrevocable trust permanently escape your reach, and will pass down to your beneficiaries tax-free and without the necessity of probate. Since you would be unable to use these assets, the idea is to go around this by simply creating a Pour-over will and instruct that those assets be poured over into the trust as soon as you pass away. That way, you can use the assets up till your death, after which they are funded into the trust.
Legal requirements for a valid will in Florida
- The principal or will maker must be of legal age of adulthood
- The document must bear the signature of the maker
- The signatures of two witnesses must also be visible to connote their presence during the creation of the document.
- The will should clearly bear the name beneficiary of the estate and what should be allocated to each person.
- The value of the estate should be recorded.
- The executor for the estate should be named and mentioned in the will documents.
- Only one witness is allowed to be directed related by blood to the principal.
Having a Will vs. not having a Will.
When you pass away leaving a will and estate in Florida, your will and estate must pass through a court process known as probate before the estate can be distributed according to your will. The executor of the will is faced with a lot of legal responsibilities; probate can often be tiresome, costly and lengthy, but having a professional working with you guarantees the smoothest and shortest probate possible. If you have just found out that you were named as an executor, get help in probating the estate by contacting our offices today. Looking further, when someone dies without a proper estate plan document, in this case, a will, such individual would be said to have died intestate; meaning dying without a will or estate document. The properties of the decedent in this case would be shared though the intestacy laws of the state.
Creating a free will in Florida
To create a will in Florida, there are templates online which can easily be downloaded. This saves you the cost of attorney fees. However, some situations may require the legal assistance of an experienced lawyer in order to customize the wordings of the will to suit your special personal desires. Kindly contact our Florida-based estate planning office for assistance creating a will.