A will provides you with the means to determine how your property will be distributed, arrange guardianship for your children, provide for your family’s well-being, support personal philanthropic causes and even secure the continued care of your pets after your death. Without a will or any form of estate planning, your family will be left wondering and may get caught in a tough legal battle over your assets and debts. The battles could be amongst themselves as well as creditors and the government. Our experienced Wesley Chapel estate lawyers create a plan that is tailored to your individual needs and draft a will that reflects your wishes. This ensures that upon your passing your family will know exactly what to do and there will be no lengthy legal battles. Estate planning is not an easy topic to discus which is why you need the help of a Wesley Chapel estate attorney to guide you through the process and protect your rights as well as your family’s rights.
Without a valid will or any form of estate planning, you are leaving the decision in the hands of the state. They will distribute your assets how they see fit and your family may not be the beneficiaries. A will must also be signed by two witnesses and they must all be present during the signing. This means the testator and the two witnesses will need to be present. Aside from a will outlining what to do upon your passing there are also living wills which can be used to detail how to handle certain situations prior to your passing like being kept alive through artificial life support. We can discuss all available options for your specific situation during an initial consultation. You can schedule a consultation by phone or online.
As a general rule, Florida recognizes wills that are valid in the state they were written. Holographic and oral wills are never recognized. A holographic will is a handwritten will. Florida law allows a will to be made in a foreign language. However, if it has been written in a foreign language an English translation must be attached for it to be valid. If you have already established a will in another state or in another language it is important to have your will looked over by a Wesley Chapel estate planning attorney to determine the validity and make any necessary adjustments. This is necessary for many older residents who move to Florida to enjoy their retirement. They may have planned everything in their previous home state and just assume it will be valid here. Even though most wills will be valid, an attorney can review it and look for any potential problems. Another thing to consider is Florida’s unique homestead laws. They differ greatly from other states and a Wesley Chapel will attorney can guide you on the best way to protect your homestead.