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Last Will & Testament

Estate Planning Benefits Everyone.

Last Will & Testament

Last Will & Testament The Last Will & Testament is a planning device that is only effective once you pass away. All property that passes through a will is subject to the probate process and your will is filed at your death, becoming public record. However, the Last Will & Testament does offer a great deal of benefits and still remains a popular planning tool. Benefits of creating a will include:

What Happens if I Die Without a Will

If you die without a will, the probate court will determine what happens to your estate, which includes all of the property and assets you owned when you died. This includes the judge appointing someone as the personal representative and distributing your property in accordance with Florida intestate law. These laws are complicated, and intestate succession may not result in a distribution that you would have preferred.
The primary function of a will is to name which beneficiaries will receive which property. This gives you control over what happens to your hard-earned estate, as you know your beneficiaries better than the law does. A will also allows you to do the following:

Requirements of a Valid Will

Florida law requires the following for a will to be valid and enforceable:
If any of these requirements are not met, people can challenge certain terms of the will or the validity of the entire will. You want a lawyer who can ensure your will is enforceable after your death.

When Should You Draft a Will?

Anyone over the age of 18 should have a valid will in place. Wills are not only for older or very wealthy people, as this document can help your family if you suddenly pass away. You should definitely draft a will if you experience life changes, such as getting married, having children, getting divorced, or obtaining new property.


To learn more about the revocable living trust or estate planning in general, please visit our blog. 

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