Last Will & Testament – The “Simple” Estate Plan.

A last will and testament is a legal document that specifies who you want to be Personal Representative, also known as Executor, of your estate and where you want your assets to be distributed upon death. However, this document only controls assets that go into probate. Your will is your directive to the probate court on what your final wishes (i.e., last will) are. Because of their simple, straight-forward nature, wills are cheaper and easier to set up than living trusts.

However, they are still very important, particularly if:

• You have minor children (you need to nominate a guardian if both parents die);
• You are providing for minor grandchildren (we can add a testamentary minor’s trust under your will);
• You are providing unequal distributions among beneficiaries;
• You are providing for individuals who are not your next-of-kin;
• You are blended family.

As part of our estate planning process, we will review your assets, your situation, and your goals to make sure you are making the right choice for yourself and your heirs. Once done, you will have peace of mind knowing that your wishes will be accomplished.

We will also go one step further and discuss the other important documents that you may not have consider: the Durable Power of Attorney, Designation of Health Care Surrogate, and the Living Will. These documents are arguably more important than your will because they affect you and your assets while you are incapacitated.

Why Hire an Attorney to Write Your Simple Will?

If you expect your Last Will and Testament to do what you want it to do, you definitely need an experienced attorney to help you. Our office, and likely some of your family members and friends, have seen the terrible results of people creating or changing a Last Will and Testament without the assistance of a good attorney. Probate courts will not “guess” what you meant to write—they will read and interpret what is written according to Florida law, no matter the unintended results. Further, if your wishes are vague or ambiguous, you are leaving a mucky, legal mess for your heirs to clean up in court at your estate’s expense.

If you already have a will and would like it reviewed, or if you are on the fence about getting one completed, please remember that we offer a free consultation.