Straight talk about family estate planning (FAQ’S):

Q: What if I die without a will?
Dieing without a will you are "intestate". This means that the state of Florida, not you, decides how your property is to be distributed. Florida's rules for intestate succession say that your property will be distributed to your heirs according to Florida Probate Code.

Q: What are the requirements for a valid will?
Every will must be in writing and the testator must sign at the end of the document. The documents must be signed or acknowledged in the presence of two witnesses who must sign in the presence of each other and in the presence of the testator.

Florida does accept self-proving wills. A self-proving will is a regular will but includes a page signed by the witnesses to the will that states that the witnesses attest to the signing and soundness of mind of the testator. The purpose of this page is to have the page and signatures be accepted as proof of the testators signature and state of mind rather than needing to find the witnesses and obtain their testimony upon the testator’s death.

Q: Do I need a Florida Will?
Generally, foreign wills (wills executed in a state other than Florida) will be recognized by the state of Florida as valid if the will is valid under the laws of the state where it was executed. However, if your will was not "self-proved," it may not be accepted by the court until the witnesses sign an oath swearing that they saw you sign your will. Because of the expenses involved in finding your witnesses, it is advisable rewrite your will after moving to Florida.

Q: What is probate?
Probate is the legal process through which the court sees that, when you die, your debts are paid and your assets are distributed according to your will. If there is no will, it is the process in which someone is appointed as Administrator for the estate. The process can be costly and time-consuming.

Q: What is a living trust?
A living trust is a legal document that, just like a will, contains your instructions for what you want to happen to your assets when you die. You convey your property to a trustee for your benefit during your lifetime, and you retain the ability to cancel, or revoke, the trust. You can structure the trust in such a fashion that when you die, the trust changes so that the beneficiaries are your heirs, and the trust property passes to them outside of any probate proceeding.

Q: Should I appoint a guardian for my minor children?
If you have minor children, naming a guardian for them is one of the most important considerations in your will. Typically, if one parent dies, the surviving parent will remain responsible for the children. However, complications arise if both parents die simultaneously, or if one parent has re-married. Unless you name guardians for your minor children in your will, the court decides who takes custody of the children in those situations.

Guardians are responsible for a child's health, education and other daily needs. They may also be given the responsibility of managing a child's property.

Q: Can I disinherit someone?
The answer depends on who you intend to disinherit. You may leave your spouse out of your will, but unless you have signed a valid prenuptial or postnuptial agreement your spouse will be entitled to what is called the "elective share".

You may disinherit your children or any other relatives. To ensure that it is clear that you are intentionally disinheriting an individual it helps to state this in your will so there can be no question about what you intended.

Q: What is a living will?
A written document that states you do not wish to be kept alive by artificial means when the illness or injury is terminal. You can also appoint a health care surrogate to carry out the directives in your living will.

8 1 3 . 9 9 1 . 5 0 9 9
New Tampa Professional Park | 8907 Regents Park Drive, Suite 310| Tampa, FL 33647