If you have ever asked yourself what would happen to your belongings, your home, or your children if you were no longer here — a Last Will and Testament is the legal document that answers those questions. Without one, Florida law decides for you.
What Is a Last Will & Testament?
A Last Will and Testament is a legal document that directs how your assets will be distributed after your death. It allows you to name the people or organizations that will receive your property, name a guardian for your minor children, and appoint a personal representative — sometimes called an executor — to carry out your wishes.
In Florida, a valid will must be signed by the person making the will in the presence of two witnesses, who must also sign in each other’s presence. It does not need to be notarized to be valid, but a self-proving affidavit can make the probate process simpler.
What Can a Will Do?
• Name who receives your property — real estate, bank accounts, personal belongings, vehicles, and more
• Name a guardian for your minor children if both parents are unable to care for them
• Name a personal representative to manage the distribution of your estate
• Specify funeral or burial wishes
• Make gifts to charities or organizations
What a Will Cannot Do
It is important to understand that a will does not govern everything. Assets with designated beneficiaries — such as life insurance policies, retirement accounts, and jointly titled property — pass outside the will automatically. A will also does not avoid probate, which is the court-supervised process of distributing your estate.
What Happens If You Die Without a Will in Florida?
If you die without a will — a situation known as dying intestate — Florida’s intestacy laws determine who inherits your estate. This may not reflect your wishes. For example, if you are unmarried with children, your assets may be divided in ways you would not have chosen. If you are married but have children from a prior relationship, Florida’s intestacy laws may produce a result that surprises many families.
Do I Need a Will If I Do Not Have Much?
Yes. A will is not just for wealthy individuals. If you have any assets — a car, a bank account, personal belongings of sentimental value, or minor children — a will ensures your wishes are honored and reduces the burden on the family members you leave behind.
Ready to Get Started?
Estate planning is one of the most important steps you can take for your family. Attorney Erica Irizarry offers free, confidential consultations for all estate planning matters. Call 656-206-0609or complete our online intake form to get started today.
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