Do you know what would happen to your assets under Florida law if you were gone tomorrow? Many of our florida estate planning clients believe their families will take care of their estate. However, there are Florida Probate laws that prevent family members from excericising all of your wishes in certain circumstances.
Estate Planning in Florida is by far one of the most important life tasks a person does. When it comes to estate planning tough decisions should be made carefully with a Florida Estate Planning Lawyer. While it may not be the highlight of one's day to plan for losing a loved one, it is simply the inevitable and makes the florida probate process a lot smoother when important decisions are well thought out in advance.
Wills and Trusts
Estate planning in Florida, often requires a client to establish a Will, Trust or a Health Directive. In Florida, a person can opt for a simple Will or a complex Will depending on their beneficiaries, property and assets. A Florida Last Will & Testament must be witnessed by two witnesses and signed in the presence of each other, along with the Florida Testator. It is important for clients to work with an experienced Florida Estate Planning Attorney to ensure the documents are prepared and executed properly.
There are Florida Statutes to follow when executing a Last Will & Testament for the document to become effective in Florida. Think about what would happen in the event the court invalidated your Will? Did you know a Will can be contested on a number of grounds in Florida including but not limited to duress and mental capacity. If a Will is determined by the Florida courts to be invalid, the family must probate the decendants estate.
Florida has a Probate code, which lists the Florida Probate statutes that must be followed in the event a decedent passes away without a Will or Trust. If you are unclear about the iFlorida Probate System, you should consult an Probate attorney to discuss the options.
Remember, a well-drafted Last Will & Testament and a Trust can solve all of the issues referenced above and allow the client maximum control over their assets and estate in Florida. There are many types of Wills and Trusts, including Living Wills, Pour- Over Wills, Living Trusts, and Land Trusts to name a few. An attorney can assist clients in determining the best estate planning tools for their estate during an estate planning consultation.
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