Florida Wills

A Florida living will form is no substitution for the professional legal advice of a probate attorney.  Although many find the convenience and affordability of downloading a Florida living will form to save time and money, these do-it-yourself (diy) ‘legal” documents don’t  account for the minor and major details involved in passing property to heirs and dependents.

 

That’s why legal counsel is critical to avoiding some of the Florida wills probate issues that create obstacles for heirs, such as taxation, paying debts and providing care for guardians..

 

For those Floridians who prefer to diy, with a Florida living form remember to appoint a representative to manage the estate. A representative does not have to be a relative. Some Floridians appoint a trust company or a banker to oversee the estate. Also, remember that it’s acceptable to give the representative limited authority.

 

As a Florida living will form is a template, it cannot account for every specific detail regarding taxes, guardianship, distribution of assets, donations and other financial details. With legislation in perpetual flux, a Florida living will form does not account for any tax law amendments.

 

• Some Florida law firms provide services, which entail the evaluation of a Florida living will form — for a nominal fee. An attorney can provide the best advice for minimizing a tax burden on heirs.

Don’t forget to name a guardian for any children under 18 years old.  It’s another reason that some Florida will probates become long arduous legal battles.

 

Without a proper Florida will, decedents lose the right to assign property as they see fit. By writing a Florida legal will, a testator has the ability to administer all belongings, such as antiques, real estate to vehicles according to his or her orders.

Even though Florida living will forms expedite a contingency plan, it’s prudent to have a lawyer who specializes in probate to review the final draft.   

 

Q: Married for the second time (without any dependents or children from my previous marriage) is it really necessary that I prepare a will-in-Florida?

As people age, the chances of becoming disabled are high. Given the case of married couples, who are childless, a will in Florida serves as an agenda of how to manage ones personal affairs, upon the event of disability or mental impairment. While a surviving spouse is entitled to most of the assets (depending on the situation), a will in Florida  outlines the contingency plan upon disability.

Fact: When residents neglect to create a will in Florida, a physician, social worker, or attorney can appoint a legal guardian in the event of incapacitation.

To create a checks and balances, appoint two to three people to be the co-trustees. Delegate your spouse, a relative or friend and your attorney. A lawyer can make sure the trust is managed properly in accordance with Florida statutes and probate law, eliminating an legal pitfalls. This assures the added protection that your assets will be managed on your behalf.

Not to mention, when two or more people assume the responsibility it allevatiates the daunting task of executing all the right decisions. diminishing the probability of any errors which can reduce or one’s assets (i.e: taxes). Moreover, as for administering a will in Florida via the appointment of two or more representative, the possibility of asset misappropriation is significantly reduced.

Take away: Single individuals as well a married couples without children require the professional support of an attorney and one or more personal guardians or representatives to complete a will in Florida.

In an effort to save a few dollars, some Floridians opt for  “do it yourself” estate planning. Using pre-formatted Florida wills or a document preparation service, which generally entails filling in the blanks, often leaves leaves heirs embroiled in hefty probate aftermath.

David Goldman, an attorney based out of Jacksonville, Florida is a living testimony of such cases. Quite often, testators have no idea how the most minor overlooked detail can become paramount, turning into a lengthy and expensive probate process.

Long Duong, an attorney who specializes in Florida wills, shares that an invalidly executed document ended up costing the beneficiaries more than $75,000.

In another case of a will executed by software, a Californian man passed away, leaving his estate for five individuals to divide. The problem is that the will not identify the beneficiary for his home. The widow did not have the right to remain in the home without buying an additional interest, or having to vacate the  property.

When Florida wills have an improper self-proving affidavit, a law firm h –in turn has to spend time validating the accuracy, consuming more time and expenses for the probate process.

Florida wills, generated by software, are often too general, omitting vital details. For instance, two children paid $100,000 in legal fees to resolve an inheritance left by their late stepmother . While the Florida will was written that the woman’s “children” were the beneficiaries, the children were never legally adopted.

Although writing a Florida will using a software program or  an online document service appear to be straightforward, nothing substitutes the review and advice of a Florida estate planning attorney, saving heirs thousands of dollars in litigation costs. If you’ve been the victim or the legal advisor to estate planning gone wrong, share and post your experiences below.

The proceeding questions evaluate whether a Florida will is amendable; necessary if the testator has a life insurance policy; and, whether it influences probate expenses. 

Are Florida wills amendable? 

Once a Florida will is drawn, specific circumstances necessitate a re-write of sorts. Marital status, newborn dependents, estates changes as well as amendments to tax laws influence the need to make amendments to a will. In fact, there are not any laws stipulating how often a testator can modify their will. As long as the person, changing the Florida will is of a sound mind and not being coerced into making amendments.

Professional legal advice is recommended with most Florida will changes, or at the very least a meticulous analysis.

Do individuals, who have a life insurance policy, really need a Florida will?

Yes, since life insurance is essentially a form of property that the testator is leaving to an heir, it does not cover other assets (residential property, stocks, etc). Life insurance is a financial instrument often used to cover funeral costs and taxes. Furthermore, life insurance policies are generally payable to an individual, not affecting the proceeds of the Florida will. Since the tax repercussions and legal stipulations for errors pertaining to beneficiary designations are significant, it is prudent to seek professional advice from an attorney, financial advisor and/or even an insurance expert.

Does writing a Florida will raise probate expenditures?

Generally, Florida wills lower probate expenses. For instance, taxes and the transfer of property does not necessarily inflate probate costs. Not having a Florida will costs more in probate expenditures than not.  Without a Florida will, heirs have to adhere to the probate court’s jurisdiction, which is based on the inheritance statute.  This involves several tedious procedures; whereas, a Florida will eliminates these steps because the beneficiaries have already been named.

This blog post answers the basic questions about Florida wills, probate and the forms needed to contest or consent to the terms of a Florida probate legislation.

Are death certificates required to file a probate petition?

In the Sunshine State, Florida will statutes stipulate a proof of death, which is generally verifiable in the form of a certified Florida Death Certificate. However, if the decedent was a real estate property owner, the death certificate has to be filed in two different courts: the probate court, as well as the county where the real estate property was owned.

My father never had a Florida will: However, I would like to file a petition to review the estate. Is there a legal motion that I can use?

You’ll need to file a Petition for Administration. The formality is a requirement, and necessary for filing the form with a probate court. The Petition for Administration includes a list of information to confirm that decedents name, name of the beneficiaries, previous address, and am approximate value of the estate.

I am 24 years old, and my grandmother’s last living heir; however, I’ve been told that I am ineligible to act as her personal representative due to a prior felony conviction. Is there any truth to this?

 While it’s true that individuals, who have a felony conviction are ineligible to act as a Florida personal representative, a lawyer, practicing Florida probate may be able to  find an exception or loophole to the statute.

My late father named his business partner as personal representative. Because  my father’s medical and operational expenses may or may not affect the estate. I authorize full consent to my father’s co-partner and would like to forgo any further legal hearings. Is there a legal method for waiving rights to the Florida personal representative?

Based on the details described in your question, it sounds very much like the terms of a ‘Waiver of priority, Consent to Appointment.” This is legal, as long as you agree that the appointment was a valid will of your late father.

While the aforementioned answers are rudimentary answers, the details should not replace the professional advice of an attorney, who specializes in handling Florida wills and probate.

Anyone, familiar with the Terry Schiavo case, understands the importance of having a Florida legal will or living will in place.  Incapacitated in a coma for 15-years, the living will fiasco ensued an enduring court battle that ended up going to the US Supreme Court. But despite the extensive media coverage, Floridians continue to forgo a contingency plan.

In the case of the late Mrs. Schiavo, she did not have a living will, outlining the terms of a major medical contingency. An embroiled legal battle between her spouse and parents ensued. Having a contingency plan in place in case something should happen is key to the preventing a scenario similar to the Schiavo case.  Nevertheless, not all states share the same legislation on living testaments. A Florida legal  will has unique stipulations, which include the following:

• Although, some states recognize holographic wills, Florida does not recognize these types of wills, whereby the testator is the only signer (without any witnesses),

• A living will remains effective until the document is revoked or replaced. Any addendums or codicils require the same legal requirements as a Florida will.

• Florida statutes mandate that a surviving spouse cannot modify the terms of the gift.

• The terms of a Florida legal will cannot be written to force the beneficiary to commit an unlawful act in order to inherit the will.

• A Florida legal will does not have the authorization to distribute property owned by  two or more parties.

• A spouse cannot override the terms of a Florida legal will that has been allocated for a designated beneficiary (in example a life insurance policy).

• Beneficiaries, who dispute the validity of a Florida legal will, must prove that the will has not met the requirement during the estate’s probate.

Assigning a durable power of attorney is a contingency plan per se.  In the event that one person becomes ill, rendering him or her incapacitated or incapable of managing their financial affairs, durable power of attorneys are legal Florida wills.

In essence,  a durable power of attorney is an economical way assure that one’s funds will be handled by a trustworthy individual, who will administer any financial responsibilities according to the testator’s terms..

Testator – is someone, particularly a man, who has issued a legally valid will.  

Many consumers have the misconception that Florida wills documented as a durable power of attorney relinquishes their rights to the authorized party. On the contrary, the level of authority given to a lawyer for financial management is up to the issuer of the durable power of attorney. There are not any legislations requiring that durable power of attorney Florida wills  give complete power over all financial matters.

Another misnomer regarding Florida wills and durable power of attorneys is that the durable power of attorney refers to an “attorney” only. In actuality, the Florida will refers to the person acting on behalf of the testator as an “attorney-in-fact.”  Moreover, the term does not necessarily connote that the attorney-in-fact is a licensed lawyer.

Attorney-in-fact –  is whoever the testator delegates their financial responsibilities.

With Alzheimer’s Association National  documenting that  dementia and Alzheimer’s affect some five million Americans people, Florida wills have been found to alleviate the duress of making medical and financial arrangements for another party.

In the event that a durable power of attorney or Florida will is established, it alleviates relatives of waiting for the courts to assign a guardianship, which generally exhausts significant time and money.

With all the legal online Last Will and Testament legal forms, there are innumerous misconceptions regarding the legal formalities for administering a Florida will. Review these leading misnomers about issuing a Florida living will and how they influence financial and other legal matters 

With all the online downloadable legal wills, is it unnecessary to consult a lawyer to administer a Florida living will? 

Remember the reason for administering a Last Will & Testament is to ensure that your property is distributed amongst your heirs, according to your unique terms. While pre-drafted Last Will and Testament legal forms are convenient and cheap legal alternatives, it is best to have a lawyer versed in a Florida living will to make sure that the document does not have any ambiguous language, causing a drawn out probate.

Certain law firms offer Florida living will drafting services for as little as $45, prepared within less than an hour. The advantage to having a Florida will drawn up by a law firm, offering documentation preparation services is that any legal uncertainties can be addressed to achieve the testator’s estate planning objectives.  

Remember pre-drafted Last Will and Testaments do not include or account for all lawful instructions, customized for the estate planner’s discerning requirements. 

If I contact a lawyer to help plan my estate and draft a Florida living will, should I copy all my financial documents?

No, it is completely unnecessary to give the attorney any financial documents, account numbers and other confidential policy access. However, you should tell or describe how the estate should be administered, including the portion and the heirs’ names. Other pertinent banking and trust account numbers and passes should be maintained in a security box or safe. 

As long as I have a lawyer administer my Florida living will, witnesses are unnecessary, right? 

On the contrary, a lawyer is not the only legitimizing factor for administering a Florida living will. In fact, a valid Florida will must be signed in front of two witnesses; otherwise it is deemed unenforceable.

What happens to my property and assets if I do not create a Florida will?

When Floridian residents do not have a will, heirs are not privy to the intestate. Rather, Florida law statutes mandate that any remaining assets and property must adhere to a preset formula. In essence, residents who do not write a Florida will run the risk of their property becoming a property of the state once they die. This is especially true of deceased person, who does not have any heirs.

 

Who manages how my property is divided if I neglect to make a Florida will?

Without a Florida will, the court appoints a representative to handle to the details of the estate. The person may or may not know the deceased. 

By creating a Florida will, the benefactor maintain control over how their assets are distributed.

If you create a will, you determine how your property and assets are divvied up, versus the Florida law making those decisions. The person, who is named the representative of your will is referred to as the executor. (Executor can be either an appointed individual, or a bank).

A trust can take care of a minor’s financial needs. The underlying advantage is that the trust covers the minor’s living expenses sans the cost of proceedings for property guardianship. Trusts are generally created in a Florida will as a benefits to heirs. A portion of the benefits are maintained a part of the estate or as a source of income.

A Florida will may assign the deceased assets as a gift after the person’s death.

Individuals, who create a Florida will, ultimately  decide who bears any tax burden, rather than the law making that decision.

Florida will forms are used to designate a healthcare surrogate upon being physically incapacitated to make one’s own medical care decisions. In other words, a Florida will to live form outlines how your health and personal matters will be resolved is you are unable to tend to your own affairs. (If the issuer of the Florida will form is unable to sign the legal document, he or she may appoint another person, a health care suroogate).

Florida Will forms to Live Health Care Surrogate Guidelines - Health care surrogates have to be at least 18 years of age. Attorneys recommend having a second choice to act as a health care surrogate. Most Florida will forms allocate space for two surrogates or  “successors,” in case one is unable to carry out the responsibilities. The surrogate cannot be any of the following:

•  Act as a witness to the Florida will forms’ signing
• Work at a medical facility (hospital, nursing home, doctor’s office), where the person issuing the Will to Live seeks medical care. 

Florida will form– Witness Guidelines - There is a two-witness requirement. One of the witnesses has to be either a blood relative or a spouse. The document must be dated and signed in the presence of both witnesses, who must meet an 18-year age requirement. In return, the witnesses are required to sign and date the will to live in front of each other.   

If you have a Florida will to live, it is important to provide your physician with a copy of the document for the office records.

Florida Will Forms – Cancellation - At any time, the person who issues a Florida Will to Live may cancel or revoke the document by 1) issuing a new document; 2) revising your health care surrogate’s authority; 3)   modifying only part of the document. Moreover, a divorce or annulment absolves a spouse’s responsibility as a health care surrogate.