It can be hard to plan and prepare correctly to set up and run a Florida estate. Several issues should be examined from a legal and strategic basis.
You may be unsure how to effectively prepare, administer, and execute a Florida estate plan unless you have extensive experience and knowledge of estate law. A Cantonment wills attorney has vast knowledge and skill in this area and can help you navigate your or your loved one’s estate plan, reducing the number of possible issues down the line.
There are additional factors to consider if a will or trust may account for the bulk of your assets and fortune accumulated over your lifetime. This is why hiring a Cantonment wills attorney can be very beneficial.
Our Florida estate planning attorney at Brightwell Law PLLC is here to help you through the process and see that your wishes are honored. Because of our extensive knowledge of living wills and other crucial estate planning instruments, we can work with our clients to craft individualized estate plans. Our proficiency allows us to create comprehensive estate plans for clients with varying needs, no matter how complicated.
Contact our Cantonment wills attorney immediately so we can help you with your legal concerns.
Why Do I need a Cantonment Wills Attorney in Florida?
Although there are low-cost and online estate planning services available, a comprehensive estate plan that best guarantees your wishes are executed will need the creation or updating of numerous documents, such as:
- Healthcare directives
Most of the time, low-cost, do-it-yourself services for estate planning aren’t thorough and do not have the added expertise and guidance of an estate planning attorney to ensure your wishes are fulfilled correctly and efficiently. These services may also not meet the legal requirements in Florida to be valid and enforceable.
Here are a few more reasons why hiring a Cantonment wills attorney is a good idea.
Documents are Both Accurate and Up-to-Date
Legal jargon can be misunderstood easily. It is best to have a Cantonment wills attorney assist you in drafting the necessary documents to ensure your estate plan reflects your intentions truly.
You can trust that your Florida estate planning attorney is up-to-date on the number of local, state, and federal laws that might impact your estate plan.
Changes in your financial situation may necessitate a review of your estate plan by your Cantonment wills attorney to see if any adjustments need to be made to avoid probate and reduce taxes.
Estate Plan is Professionally Drafted and Executed
The correct wording and mode of execution of the many documents involved will make or break the success of your estate plan.
A Cantonment wills attorney will assess your assets, bank accounts, retirement accounts, wills, insurance policies, and other records. They will also advise how to create a comprehensive estate plan that incorporates all of your assets and guarantees all documents are legally enforceable.
What is a Will?
A will is a legal document that specifies how an individual wants their assets distributed after death. The formal requirements for a legal will are set by the laws of each state.
In Florida, for example:
- You, the will’s creator (called “testator”), need to be of legal age (18 years of age) to create the document.
- To make a valid will, you need to be of sound mind when you signed it.
- Your will should be in writing.
- A legitimate will requires the presence of witnesses and is notarized in the particular format required by law.
- A valid will in Florida must be executed following all applicable legal requirements.
- Your will won’t take effect until the probate court decides it is credible and approves it.
Any changes or additions to the will must be made in a new will or by a “codicil” until the testator’s death. That is merely an addition or modification prepared separately and signed with the same formalities as a will. Any alterations made to the will after signing might render the whole will null and void, so there should be no additions or deletions.
What Can a Will Accomplish?
- Having a will ensures your wishes about your assets are carried out, rather than the state deciding who gets what.
- Anyone who meets the requirements of Florida law may be nominated as your will’s representative (executor). An individual or a financial institution, such as a trusted company or a bank, may serve as an estate’s representative, with certain limitations.
- You may leave your entire or a part of your estate to a trust in your will, and that trust can either distribute the income it receives or save it for the benefit of family members or other beneficiaries. Children will be managed without paying for guardianship of property proceedings.
- Your property and other assets can be sold without going to court if your will gives proper authorization.
- It is possible to make bequests to a charity that will take effect after your death.
- Instead of the law deciding who pays taxes, you make that choice.
- A guardian may be appointed if a kid is too young to make decisions for their well-being.
What Happens If There Is No Will?
If you die and leave no will (this is known as dying “intestate”), your property will be given to your heirs following a legal formula. Your property does not pass to Florida state unless you have no legal heirs, which rarely happens. In other words, the inheritance law decides who inherits your property if you perish without leaving a will. The inheritance law follows a strict formula and offers no exceptions for people in unprecedented need.
If you don’t have a will, the court will choose a personal representative, who may or may not be someone you know, to take care of your estate. The expense of probate may be more than if you had planned your estate with a will, and your estate management may be subject to more judicial monitoring.
How Long is a Will Good?
A will is “good” until modified or canceled under the law. It may be modified as often as you like as long as you are of sound mind and is not under undue influence, pressure, or fraud and as long as it is amended properly. A change in circumstances after the execution of your will, such as tax law modifications, the birth of a child, death, marriage, divorce, or even a significant change in the kind or quantity of your assets, may call into doubt your will’s adequacy. All changes need a thorough examination and revision of all the terms of your will. It may be necessary to amend the will to reflect the new circumstances.
Is it Necessary to Go to Court to Probate a Will?
Personal court appearances are not often required to probate a will. However, documentation must be submitted to the court to obtain a probate order and manage estates. In most counties, the estate attorney and the interested parties can appear in court voluntarily.
Is a Life Insurance Policy a Substitute for a Will?
No. Life insurance is one type of asset you may own, and a will is required to dispose of other assets you own after you die. Your will does not influence the proceeds of a life insurance policy payable to a person. The money may be directed by your will if the insurance policy is due to your estate.
Life insurance may be valuable in giving cash upon death to cover taxes and bills. Like other insurance strategies, a wise person will consult with an attorney, a life insurance counselor, and a financial consultant. In these policies, mistakes in ownership and beneficiary designations can result in significant increases in inheritance taxes owed.
Call our Cantonment Wills Attorney in Florida Right Now!
Without the help of a wills attorney, a Florida citizen can still make their own will. However, the person must still follow all of the will requirements established by Florida state, which may be challenging for those inexperienced with the matter. Obtaining the services of an experienced wills attorney in Florida can help you simplify this legal issue and avoid confusion that might have serious consequences.
It is crucial to be widely experienced when making a living will. Our Cantonment wills attorney can provide you with the special attention and concern you desire. We will provide you with sound advice, excellent work, and first-rate service. Call our law firm instantly if you want help with your living will!