FAQs About Wills and Estate Planning

The process of creating a last will and testament – the document that expresses how you want your property to be distributed upon your death –may seem like a daunting task. For this reason, most people do not have a valid will, including about half of the population that is age 65 or older, according to USA Today.

However, if you do not already have a valid will, you will find that creating one can actually be as simple as you want to make it. If you find the process to be too challenging, you should seek help from an experienced will attorney.

To help you get started, here are some brief answers to frequently asked questions about estate planning and writing a will:

What happens when someone dies without a will?

When a person dies without a valid will in place, Florida law will decide what to do with the individual’s property and assets. These are called laws of intestate succession. These laws can be complicated depending on how many surviving descendants a person that could qualify as heirs.

What should I put in my will?

Anyone who is age 18 or older with a sound mind can write a will. The will must be notarized and signed by the person writing the will (known as the testator) and two witnesses. The will should include:

• Instructions for distributing your assets and belongings. This can be as simple as, “All of my property should be distributed evenly among my four children.” You can also bequeath specific items and assets to named individuals. If you wish to leave property to a beloved pet or charitable organization, you can do that as well.
• A designated personal representative for your estate. This is a person you trust to handle your financial affairs after you die.
• A guardian for your minor children. If you have young children, you should name a preferred guardian for them in the event that both parents pass away.

Do I need a lawyer to write my will?

Florida law does not require you to consult a lawyer when you write your will. In order to save money, some people write their own wills or use fill-in-the-blank forms that they bought online. However, this approach is not recommended. A “do-it-yourself” or DIY will may be incomplete, ambiguous or inadequate to comply with Florida law. In the end, the will could end up costing your family members money as they work to settle your estate.

The average cost of a simple will is probably less than you think. An attorney can help you to create a complete and thorough will that will hold up in probate court and put your loved ones at ease.

How do I create an estate plan

In addition to a last will and testament, you may want to include other legal documents in your end-of-life preparations. For example, a living will – also called a healthcare directive – is a document that describes your wishes for medical care if you should become incapacitated or unable to communicate. You can also designate a power of attorney for healthcare and financial decisions. Depending on the size and complexity of your estate, you may wish to place some property in a trust rather than include it in your will.

Experienced will attorneys can review your personal and financial situation and preferences with you to determine your estate planning needs. Our attorneys offer simple wills for $399. Contact the Sarasota estate planning lawyers at Buckman & Buckman, P.A., to discuss how we can assist you.