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Creating a Will

Miami Estate Planning Attorney

A will is a legal document that you create in order to tell people who is to receive what of your estate after you pass away. It is a very important part of the probate process. If you do not have a will, or if your will is declared invalid, the state of Florida will decide who gets your assets based on their probate laws. These people may not be those you had in mind to receive your assets, which is why a will is so important. It also allows you to name a guardian for your minor children or incapacitated loved ones. If you wish to create or update a will, please contact a Miami probate attorney at the firm today!

Benefits of a Will

The will is at the core of every basic estate plan. While the will allows you to name a personal representative to administrate your estate (someone who you trust), and while it allows you to decide who gets what and when, it serves many more purposes than that. Some of the immeasurable benefits of having a well-drafted will include:

  • It allows you to name a guardian for minor children.
  • You can appoint someone that you trust to act as the personal representative.
  • You can appoint someone to make health care or financial decisions on your behalf if you become too injured or incapacitated to make these decisions for yourself.
  • You can determine who receives your assets and property when you die.
  • You can select beneficiaries such as grandchildren or favorite charities who otherwise wouldn't benefit from your generosity under Florida's intestate succession laws.

It's important to keep your will updated, especially when there are major life-changing events such as a marriage or divorce, a birth or a death in the family. Without a valid will in place, upon your death your estate's assets are distributed under Florida's intestate succession laws. In this case your assets may be distributed in a manner that you wouldn't have wanted. By keeping your will current, you can be sure that it will reflect your family's dynamics as well as any changes in relationships as time goes by.

A will is also seen as a backup for a living trust. There are certain items that cannot be included in a will, such as trusts, stocks, or joint-owned properties. In order to create a valid will, you must have capacity and be of sound mind. This means that you know which assets and properties you own, and understand what it means to leave beneficiaries items of your estate.

Create a Will with My Coral Gables Firm

If wills are written incorrectly, it may not be viewed as valid in the probate court. I can help clients determine what can and cannot be stated in a will, and help those who already have a will keep it up-to-date. With an AV® Martindale-Hubbell® Rating, I strive to give my clients excellent legal advice and assistance. Wills are a primary part of the estate planning and probate process, and I want all of my clients and their families to be informed and prepared about probate before it occurs.

Please feel free to contact my office, or fill out a free case evaluation form online via my website. Also, if you have questions about wills, see my Wills FAQs.

Frequently Asked Questions

What is the difference between a living will and a power of attorney? A living will is a legal document that states what type of medical care you wish or do not wish to receive should you become unable to voice your opinions. A power of attorney is a document that you write that appoints someone to make medical decisions on your behalf.
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Susan E. Durre - Miami Probate Lawyer
Located at 6601 SW 80th Street, Suite 121
South Miami, FL 33143.
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