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Wills
Probate ♦ Guardianship ♦ Estate Planning ♦ Wills ♦ Trusts ♦ Durable Power of Attorney ♦ Health Care Surrogacy ♦ Living Wills
A will is a legal document written to ensure that a person's possessions or responsibilities are taken care of according to their wishes after their death. Grieving families shouldn't have to deal with a legal battle if their loved one didn't indicate what they want done with their home, children, etc. Writing a will is the best way to secure your wishes are carried out in the event of sudden death. Florida law has its own system for distributing a person's assets in case a last will and testament doesn't exist, but it might not be the way you intended on having your property distributed. Unfortunately, many people operate under the assumption that they are too young or have no need for creating a will. At a certain stage of life, it becomes necessary to think about what will happen in the event of your death. Especially if children are involved, a will can be the best way to avoid a painful and drawn out settlement of an estate.
Basic Elements of Creating a Will:
1. Testamentary Intent Clause
This section outlines the person's general information. It states their full name, the county and state in which they live, and a statement that says the following document is their most recent, and therefore only legal, will.
2. Identification Clause
This clause indicates the members of the person's immediate family, such as their spouse or children.
3. Personal Effects
This section outlines who receives your personal property at the time of death. Items such as jewelry, furniture, clothing, or collectibles are assigned to certain people in this section. Provisions can be added regarding whether or not a spouse is alive at the time as well. For example, you may want your wedding ring to go to your daughter whether or not your spouse is alive at the time of your death.
4. Real Property
Real property includes homes or other pieces of property. It is important to consider whether there is a mortgage, foreclosure, or lien on the property before leaving it to someone. Also, if there is any personal property used commonly with or to maintain the property, such as on a farm, it is wise to leave it to the same person or with the property itself.
5. Residuary Estate
All items left over, such as small personal property not deemed important enough to include in the will, are given to someone or an organization in this section.
6. Survival Clause
This section discusses what will happen if two spouses die at the same time. When considering the execution of one of their wills, this clause says that their spouse is considered to have died first if the order of death cannot be determined.
7. Taxes and Expenses
There are many costs that come with executing a will upon a person's death. This section outlines how those expenses will be handled and by whom.
8. Appointment of Personal Representative or Trustee
This section describes who will execute the will or who will become responsible for a trust if there is one.
9. Appointment of Guardian
When choosing a guardian, it is important to consider the rest of the will. Perhaps you'd like one person to be in charge of your personal property and taking care of your children. This section is vital if the person has children who are minors.
10. Fiduciary Powers Clause
This section details how responsible the executor of the will must be. For example, if they are responsible for transferring ownership of a house as dictated by a will, they can't neglect it or let it become damaged.
11. Testimonium and Attestation
This is a small section where the author and witnesses to the will attest to their responsibilities.
12. Self-Proving Affidavit
Florida law dictates that this section be included in a will. Without it, witnesses can be required for the execution of a will and often times they can be hard to locate.
As you can see, there is a lot of important information that must be included in a will. Wills are most often written in legal terms and can be confusing. Additionally, filing the appropriate paperwork and obtaining signatures can be exhausting. A personal consultation with a will lawyer can help to ensure that your wishes are published in the most accurate and complete way so your wishes can be fulfilled after death.
Contacting the experienced legal team at the Coye Law Firm can put you and your family at ease when it comes to writing a will. Conflicting or contested wills may leave you with a complicated will case, and you need an experienced estate planning attorney to sort through the information. All aspects of estate planning can be handled by our central Florida offices. Call us today.
