Many people put off planning their estate and thinking about what will happen to their property after they die. If you pass away without a plan or a Will, then you will not be able to direct how your loved ones should receive your assets.
In South Florida, our Coral Gables Last Will and Testament lawyer can help you plan ahead and set out your wishes in writing so you do not have to worry about disputes and conflicts when it comes time to administer your assets. Veliz & Associates, P.A. has seasoned estate planning attorneys who can provide a local touch for your planning process and guide you through the steps that will be necessary to execute your Will.
A written document that expresses a person’s desires for how their estate will be settled can count as a Will, as long as it meets requirements set out by Florida law. Otherwise, a person may be considered to have died “intestate,” meaning without a Will, and their estate will be divided among certain relatives in percentages prescribed by statute.
To be legally valid, a Will in Florida must be signed by the person whose Will it is—known as the “testator”—and be properly witnessed. As detailed by Florida Statutes § 732.502, a testator can either sign the bottom of the Will or have an agent sign it on their behalf, in cases where a testator cannot physically sign.
Two witnesses must either view the signing of a Will or sign on to an acknowledgement that the Will was previously signed in line with the statute. Most people can be witnesses, as the only requirement under Florida Statutes § 732.504 is the ability to be a competent witness in court.
Once a Will is designed to meet these basic requirements, crafting the contents of a Will requires a frank assessment of a person’s assets. For those located in or around Miami-Dade County, a Coral Gables attorney can help identify what a person wants to declare in their Will.
A Will can specify an executor who will administer the estate, as well as how real and personal property should be divided up and distributed to a person’s beneficiaries. Heirs can be named and assets can be specified in amounts, percentages, or detailed items, such as writing out that a car will go to a grandchild or all financial assets will be distributed to children in equal shares.
For accuracy and thoroughness, it is recommended that you work with a legal professional. A Wills attorney in Coral Gables can help you consider the most effective way to include assets in a Will or to set aside other assets in trusts, depending on your needs and wishes. Some assets may make sense to bequeath in a Will, while others may more effectively pass on through a trust with heirs as beneficiaries, with different effects on tax burdens and complexity after death.
An attorney can also act as a custodian of a Will to ensure that it is properly submitted to the local probate court under Florida Statutes § 732.901. A Will must be produced to the court within 10 days of a person’s passing, so having a custodian ready to start the process can ease the administration of the Will for an executor.
Whether you are currently in advanced stages of your life or it is a long way off, you can benefit from speaking with a Last Will and Testament lawyer who can draft your Will.
Being prepared for end of life, even if you do not anticipate passing away any time soon, can avoid confusion in how your estate will be settled. Drafting a Will or updating an existing document can give you and your family some level of certainty, and our Coral Gables Last Will and Testament lawyer can help you get that certainty.
Ana M. Veliz can craft your Will and address any other estate planning documents you may have or want to set up Contact our offices to schedule a consultation today.
We evaluate your case and determine how we might be able to help.
We will meet with you to discuss your next options and lay out a plan.
Our team guides you throughout the process so you feel confident about your choices.