WILLS
WILLS
Having A Will in Florida
In Florida, having a will is essential for ensuring that your assets are distributed according to your wishes after your passing. Without a will, the state’s intestacy laws dictate how your property will be distributed, which may not align with your preferences. By crafting a will, you gain control over who inherits your belongings and can appoint guardians for minor children, providing clarity and peace of mind for your loved ones. Contact Constant Law, P.A., your trusted estate planning attorney in Florida, to start planning your will today and safeguard your legacy.
Contact us today to speak with an experienced estate planning attorney at (863) 457-3253 or contact us online. We assist clients throughout Hillsborough, Polk, Highlands, and Osceola counties.
Why is a Last Will important?
A Last Will is important if you wish to control your property, assets, and finances after death. For example, without a Will, you wouldn’t be able to gift property to a non-relative or exclude certain relatives from claiming an inheritance.
It is especially important for parents with minor children, as it allows you to appoint a legal guardian. If you die without a valid Will, a court-appointed administrator distributes your estate according to a pre-determined formula (defined in state law). If you leave no instructions and have no surviving family members, the state may collect your property.
Anyone over the age of 18 should use a Last Will and Testament to help avoid potential disputes or confusion regarding their estate
What happens if I die without a legal will?
If you don’t make a will or use some other legal method to transfer your property when you die, state law called “intestacy laws” will determine what happens to your property. Each state sets out an order of priority for your surviving relatives. Generally, it will go to your spouse and children or, if you have neither, to your next closest relatives. If no relatives (not even distant ones) can be found to inherit your property, it will go to the state.
In addition, in the absence of a will, and if the other parent is unavailable or unfit, a court will name a guardian to care for your children and their property.
Beware that if you are part of an unmarried couple, your surviving partner will not inherit anything, so you might be especially motivated to create a solid estate plan. (A few states have exceptions for registered domestic partners.)
It is not necessary to hire an attorney to create an estate plan. It is necessary however to be confident in what you are signing and understand what is written in your estate plan. If you are not confident in your ability to use these forms correctly (or would simply prefer an expert to draft the forms) you should contact an estate planning attorney. Constant Law, P.A. is here for you if you wish to hire an attorney, and can be reached by clicking here or calling (863) 457-3253.
