Last Wills & Testaments
Although no one likes to talk about death, planning for it is the wisest decision you will make. People may think that only wealthy individuals should have a Last Will and Testament; that’s a mistake Ereryone needs a will regardless of age or financial status.
Death is inevitable. Are your assets and children PROTECTED?
The Last Will and Testament is a legal document that controls the disposition of assets.
By having a will you have control of what happens to your assets, children, and yourself. By not having a will the law will decide what happens to your assets and children.
The Last Will and Testament is a legal document that controls the disposition of assets, where the testator expresses his/her wishes as to how their assets / property is to be distributed at death. The testator may also appoint guardians to children under 18 years of age.
Under Florida Statutes § 732.102 & 732.103, if there is no Will, then the assets will pass in the following matter:
If the person died without a spouse or children.
Then the assets will be distributed in the following manner:
- Parents
- Siblings
- Grandparents
- Uncles and Aunts
- Kindred of last deceased spouse
Intestate Succession (No Will): Spouses & Children
Inheritance |
|
If spouse, but no children |
|
If spouse and children only from the spouse |
|
If spouse and children, but children are from another relationship |
|
If children, but no spouse |
Who inherits? |
Spouse inherits entire estate |
Spouse inherits entire estate |
Spouse inherits ½ of the estate and the other ½ is divided among the children |
Estate divided among the children |
Other important documents you should have besides a Last Will and Testament:
A legal document in which you specify what actions should be taken for your health if you are no longer able to make decisions for yourself because of illness, terminal condition, or vegetative estate.
Healthcare Surrogate:
A legal document where you appoint an adult
who will make healthcare decisions for you when you become unable to make them
for yourself.
HIPPA Authorization:
A legal document that allows you to appoint
a person or party to share specific health information with.
Durable Power of Attorney
A legal document that enables a trusted
individual to handle your affairs if you become mentally incapable, unable, or
unavailable. This document is only valid while you are alive. It loses its
validity once you are dead. Upon death, your last will and testament will
become effective.
Child Healthcare Directive / Designation of Healthcare Surrogate of a Minor
Document in which the parents appoint an adult who will make decisions (medical, education, disciplinary, etc.) related to children under 18 in the event that both parents are unavailable (for reasons such as: travel, hospitalization, unconsciousness, etc.
Contact us to discuss your legal needs.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not in tended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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