A will is a legal document that states who the beneficiaries of your estate will be as well as how and when they will receive any inheritance in the event of your death. Any one 18 years of age or older has the right to make a will. Each state of the union varies in its laws and regulations concerning a written will or the lack of a will. In the state of Florida if you do not have a will the state will determine who, if anyone, is entitled to your estate upon your death.
It will give you peace of mind knowing that your children, spouse, and even pets will be provided for after your death. That is why having a Florida will is so important. It allows you to plan who will receive your personal property, money, business holdings, and real estate. In Florida you have the right to give your property to anyone whom you choose with a few exceptions. Your Florida will also allow you to select a legal guardian for your minor children.
Florida Will Requirements:
If you are a Florida resident over 18 years of age and you do not have a written will you run the risk of your property becoming property of the state, especially if you do not have a spouse or any other heirs. If you do have a Florida will then you determine how your property will be divided up. A Florida will attorney will be able to help you declare in writing how you want your property distributed. Having a will professionally written will allow your property to be distributed quickly and will help in avoiding many of the tax burdens. A will lawyer will help you to understand all of your options and will carefully write a will that expresses your desires while following the Florida will laws.
As a competent adult you should have the right to make decisions about your health, including the right to choose or refuse medical treatment. In the event that you are no longer able to make decisions for yourself due to a change in your physical or mental capacity you are considered incapacitated. In order for your wishes to still be followed in that event, the Florida legislature has created laws dealing with health care advance directives.
A health care advance directive allows you to leave medical instructions for what medical services you would like your physician to perform or withheld regarding life-prolonged procedures. It also allows you to designate another person to make medical treatment decisions on your behalf in the event that you cannot make the decisions on your own.
One type of advance directive is a living will. A Florida living will is a written or oral statement about the kind of medical care your would want performed or not performed in the event that you are not able to make your own decisions. A living will is different than a traditional will in that it goes into effect while you are still alive. It is wise to have a health care provider review your living will to be sure that it is completed in such a way that your wishes will be understood by a physician.
A living will allows your loved ones to know what your wishes are when you cannot communicate them because of your mental or physical state such as when death is imminent, if you are in a coma or are in a vegetative state. When you decide now what you would want done if you were to be put on life support you save your family from having to make very difficult decisions. A Florida living will will also allow you to make specific decisions about pain medication, feeding tubes, and if you would want to be left on life support for only a specific period of time.
Writing a living will is an important step in estate planning. A Florida estate lawyer will help you to write a living will so that it will meet all of the legal requirements for the state of Florida. They will be able to answer all of your questions and will help to ensure that your wishes are carried out.
A Power of Attorney is a legal document which allows you to appoint someone whom you trust to make important legal and financial decisions on your behalf. You are giving someone else your authority to make decisions. How much authority and what kind of authority granted will depend on the wording in the legal written document. When you give someone else your Power of Attorney you can make it very broad or very specific limiting the person’s authority to very specific decisions. A Power of Attorney can go into effect immediately or in the event of an illness or incapacitation.
A Power of Attorney can give someone else the right to perform almost any legal action on your behalf. For example, Power of Attorney could be used to sell a home, a vehicle or another piece of property. A Power of Attorney could be used to make health care decisions, financial decisions, or to sign legal documents.
A Florida Power of Attorney should be written by a Florida Estate Attorney. There are many Power of Attorney forms available online however they frequently don’t take into account all of the regulations of Florida law. A licensed Florida lawyer will create a Power of Attorney that is legal and will carry out your wishes.