A last will and testament is a document that allows you to decide who gets your property after you die. When you do not have a will, the law decides how your property should be distributed.
Speak with a Coral Way wills lawyer about creating one of these documents. A respected probate attorney can ensure the document is drafted and executed correctly so that your wishes will be carried out after you die.
A Will Protects Your Loved Ones
Dying intestate means dying without a will. The laws of intestacy apply to the property of someone who dies intestate. These laws are complicated, but in general, the surviving spouse receives all the decedent’s property unless one of the spouses has children from a different relationship. In that case, the spouse receives half and the children of the decedent receive the other half, which they share equally.
Many people would prefer another arrangement. Perhaps they are estranged from one of their children and do not want that child to inherit. Maybe they would like to leave money to a disabled parent, sibling, or more distant relative to ensure their care. Working with a Coral Way attorney to create a will allows a person control over who gets their property and how much everyone receives.
Establish Guardianship for Minor Children
A will is essential for parents with young children. Orphaned minors must have a guardian. A will can appoint a person of their choosing to be their children’s guardian, subject to court approval, which can avoid the children being placed with someone the parent does not know or trust.
Requirements for a Valid Will
A will is not valid unless the testator (the person making the will) is of sound mind. Being of sound mind generally means they understand the implications of a will, know who their loved ones are, and know what property they have.
Someone who is suffering cognitive decline or another condition that impacts their mental sharpness could make a will when they are lucid, but the will could be subject to a challenge. The witnesses and others might have to testify about the testator’s condition when they signed the will.
Wills must be in writing and signed by the testator in front of two witnesses who do not inherit under the will, and are not related to inheritors. A will can be handwritten, typewritten, or electronic. A Coral Way attorney can ensure that a will is signed, witnessed, and stored properly, to ensure it withstands any legal challenge.
Understanding the Elective Share
Sometimes people want to disinherit their spouses. This may be due to a strained relationship, but there are other reasons. Perhaps the spouse has substantial wealth already and the testator prefers to leave the money to their children, siblings, or charity.
Florida Statute § 732.210 prevents the disinheritance of a spouse. A surviving spouse may always claim 30 percent of a decedent’s estate, which is called the spouse’s elective share. For the purposes of determining the spouse’s elective share, the decedent’s estate includes property that usually does not go through probate, such as:
- Life insurance
- Homestead property
- Property in a revocable trust
- Interests in accounts held jointly and payable on death (POD)
- Exempt property, such as vehicles, appliances, and furnishings
An attorney can help a spouse determine their elective share.
When a couple agrees that they will not inherit from one another, they can make a prenuptial or postnuptial contract formalizing that agreement. Florida courts will enforce prenuptial and postnuptial agreements that waive inheritance rights if the agreements are properly drafted and executed, and were entered into freely.
Seek Help Drafting a Will From a Coral Way Attorney Today
A will can give you peace of mind, knowing that your children will be safe, and your property goes to the people you designate. When you work with a Coral Way wills lawyer, you can rest assured that your will is legally enforceable, and your wishes will be respected. Speak with an attorney at The Florida Probate & Family Law Firm when you are ready to create a will. Schedule a free evaluation today.