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What if I die without a will?
Most people avoid preparing a will because they want to avoid thinking of the inevitable. However, if you do not have a will (or an alternate estate planning document such as a trust), the State laws will determine who gets your property. This is called dying intestate. If you die intestate your property is distributed according to the intestate formula and you have no control over who inherits your property.
Why do I need a will?
A will, formally known as a Last Will and Testament, is the legal document that allows you to provide instructions as to how you want your property distributed after your death. Each state has its own requirements for legal wills. A valid will in Florida must comply with these requirements:
· Your will must be written
· You must be at least 18 years old
· You must be of sound mind
· Your will must be signed by the testator at the end and signed by two witnesses, in the presence of the testator and each other
In your will you can determine:
Your beneficiaries: The beneficiaries are the individuals or organizations that will receive your property as you direct in your will. Your beneficiaries can include family members, friends as well as charities.
Your personal representative:
The personal representative also known as an executor plays the critical role of managing your estate and ensuring that your wishes outlined in your will are followed.
Guardian:
If you have minor children, you may identify a guardian to care for your children in the event both parents die.
How do I change my will?
Once you have a will drafted you may need to change or amend your will. This change is made with a document called a codicil. Life changing events such as a marriage, divorce or birth of a child are appropriate times to review your will for changes. It is important to note that the codicil shall be executed with the same formalities as a will.
