Last Will & Testament – MICHAEL R. FRIED P.A.

Last Will and Testament

Wills Attorney in Broward County

Serving all of South Florida, including Palm Beach, Broward, and Miami-Dade Counties

A will, or Last Will and Testament (Will), is a vital legal document that dictates how your assets will be distributed after your death. Having a properly executed will ensures that your wishes are honored and that your loved ones are cared for in your absence. Once the testator (the individual who creates the will) passes away, the court oversees the estate through a process known as probate. Planning ahead can help avoid disputes and complications during this process, making it crucial to outline your intentions clearly. When drafting your will, it’s essential to work with a knowledgeable estate planning attorney. Your Broward County wills attorney will ensure that your will complies with Florida’s legal requirements, is properly executed, and contains clear language to prevent potential challenges during probate. In Florida, you must be at least 18 years old, of sound mind, and your will must be written, witnessed, and notarized.

Key Benefits of a Will:

Control Over Asset Distribution: You decide who inherits your property, rather than leaving it to state law.
Appointment of a Personal Representative: You can name someone to manage your estate, provided they meet Florida’s qualifications.
Creation of Trusts: A trust can be included in your will to manage assets for beneficiaries, such as minor children.
Simplified Real Estate Transactions: Real estate can be sold without court intervention.
Tax Liability Decisions: You can determine who bears the tax burden on your estate.
Guardian Designation: You can appoint a guardian for your minor children.

What Happens If You Die Without a Will in Florida?

If you pass away without a will in Florida, state intestacy laws will determine how your estate is distributed:

A surviving spouse inherits 100% of the estate if all descendants are also from that spouse.
If there’s a surviving spouse and children from a previous marriage, the spouse and those descendants each receive 50%.
If the surviving spouse has children from another relationship, they receive 50%, while the deceased’s descendants receive the other 50%.
Without a surviving spouse, all descendants inherit 100% of the estate.
If there are no surviving spouse or descendants, the estate goes to your parents; if they are no longer alive, to your siblings.

In the absence of any close relatives, 50% of the estate will go to the maternal side of the family and 50% to the paternal side, potentially reaching back to great-grandparents.

Considerations Before Meeting with Your Attorney

Identify two individuals to serve as your personal representative—one primary and one successor.
If you have minor children, think about who you would like to designate as their guardian.
Consider naming a trustee to manage any property intended for your minor children (this can be different from the guardian).
Have a general idea of your estate’s assets and their value to help guide your distribution decisions.

Keeping Your Will Safe and Updated

After drafting your will, it’s important to store it in a secure location. Wills are not public documents and are not filed with the courthouse. A safety deposit box, home safe, or a secure spot with other important documents is ideal. It’s also wise to share a copy with your personal representative or a trusted family member.
Once your will is in place, make sure to keep it updated to reflect any significant life changes, such as the birth of a child, the passing of a family member, or changes in your property ownership. You can update your will by revoking the original and creating a new one or by adding a codicil—an amendment to your existing will. Remember, do not alter the original document directly after execution.
If you or a loved one are considering drafting a will or other estate planning documents, reach out to Michael R. Fried, P.A., your trusted wills attorney in Broward County and throughout the State of Florida. Contact us at (954) 656-3605 or via email at mrf@fried-legal.com for your initial consultation.