By jenniferter90045141, Oct 9 2017 07:20PM
1) If I don't have a will, does the state take my property when I die?
Florida law sets out who is entitled to your property if you die without a will. It is important to discuss your wishes with an attorney that understands Florida Wills and Probate to confirm your property will be
received by the people or charities you choose.
2) Is my out-of-state will good if I die a resident of Florida?
The answer to this question is Maybe! It is always best to have a Florida attorney well versed in wills and probate review your out-of-state will to be sure it was properly executed according to Florida law and is "self proving" in order to avoid delays in probate. It is also important to make sure the executor you have chosen is qualified and able to serve in Florida.
3) I don't own much and I'm still young, why would I need a will now?
Even if you are young and just beginning to accumulate assets, there may be many reasons why you
should have a will. For instance, in addition to deciding who receives your property after you die, you also get to choose who will be the executor. If you have children, it is important to designate who will care for your children in the event both you and your child' s other parent are deceased. Your will can also make it possible for a trust to be created for the benefit of your children until they reach the age of majority, or, for a disabled child, even after they become an adult.
4) Isn't it better to avoid probate?
While there are certantly ways to avoid probate, whether or not this is the best plan for your situation
should be discussed with an attorney, While there are several ways to avoid probate, this may not
always be the best estate plan and can often be fraught with pitfalls. It is important that your entire
estate plan is taken into consideration. If your goal is to avoid probate, there may be good probate
avoidance tactics you can use but I always recommend discussing your plans with a knowledgeable attorney.
5) Can't I prepare my own will and save on the cost of paying an attorney to draft it?
You could; however, there can be unintended consequences when a will is improperly prepared by
someone without knowledge and experience to understand Florida probate law. An improperly drafted
or poorly executed will can result in delays in administration or the possibility that your will could be determined invalid, leading to uninteded beneficiaries receiving your assets.
If you own real or personal property and want to be sure your intended beneficiaries receive your assets upon death, call Attorney Terrana at 727-270-9004 to discuss your options.