The most straightforward form of estate planning is the creation of a last will and testament. A will provides instructions to probate courts and executors of estates concerning where a person wants their property to go after they die. The legal impact of a will and the rules for their creation mean that creating these documents requires a knowledge of the law and strict attention to detail.
A Florida wills lawyer in Coral Gables can provide the support that you need by explaining what wills are and how they help you retain control over your property after your death. Our skilled probate attorneys are also prepared to take the lead in drafting these documents so that they meet the requirements under state law.
Protecting Your Property and Your Heirs with a Valid Will
Most of a person’s property must move through the probate process after their death. The main purpose of having a last will and testament in place is to retain control over this process. A will informs the probate court which parties a testator (the person giving the instructions) wants to inherit their property after their death and who is in charge of administering the estate.
More specifically, the purpose of a will is to override the state’s intestacy statute. Under Florida Statutes § 732.102, 732.103, and 732.104, a decedent’s surviving spouse, children, and other relations will receive their property after their death if a person dies without a will. As a result, having a valid will in place means that the probate court will not use these rules. Instead, a valid will requires a probate court, and the estate’s executor, to divide property according to what the document says. A Coral Gables wills attorney can provide more information about how this document interacts with the law.
Strict Rules Exist Concerning the Proper Formation of Wills
Wills are powerful legal documents that can have a significant impact on the lives of a person’s family and heirs. As a result, Florida law wants to ensure that these documents are genuine before allowing them to control the probate process.
The most important concept that comes into play during the formation of wills is the idea of intent. Any person over the age of 18 may create a last will and testament and Fla. Stat. § 732.502 says that the testator must sign the document in the presence of at least two witnesses. These witnesses must also sign the will. These steps will allow a probate court to presume the will to be valid.
A person must also create a will without being influenced by others. This means that a will’s creator must come to the decision to create it on their own and that no other party has caused them to make changes that they would not otherwise make. A wills lawyer based in Coral Gables can help people draft documents that meet the legal requirements and that have the best chance of standing up in court.
Speak with a Coral Gables Wills Attorney Today
Creating a valid will is often the first step involved in protecting your property and your heirs. These documents function as a way to inform a probate court as to who you want to receive your assets after your death. When we properly create these documents, we can ensure that your assets move to the right people with as few legal headaches as possible.
A Coral Gables wills lawyer is ready to help you identify your goals, explain the relevant laws, and craft documents that meet the state’s requirements. By creating a last will and testament, you can achieve peace of mind for both the present and the future. Place a call to a Florida wills attorney in Florida today to learn more during a free consultation.