Susie
09-26-2006, 08:04 PM
Hi
More info from
http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/da680b25c52856e185256b2f006c5ecc?OpenDocument
WHY SHOULD I HAVE A WILL?
A will is a legal document in which you list persons and organizations to whom you wish to give your money, possessions and property when you die.
You, the maker of the will, must be at least eighteen years old and of sound mind at the time you sign your will. Your will must be in writing and then signed by you in the presence of two witnesses. To be effective when you die, your will must be presented to the probate court in the county where you legally reside.
In addition to declaring who will receive your money, property, and possessions, your will can specify whom you want to take care of any minor children if both you and your spouse die. In Florida, children are minors until age 18. By law, a guardian must be chosen for all minor children who have lost both parents. By naming a guardian in your will, you can avoid an additional guardianship proceeding.
Your will may also create a trust whereby your estate or a part of it will be kept intact and the income and income producing assets can be used to provide for your spouse or children over a certain period of time.
Children born or adopted after a will is made, or a child without adequate means of support may still have certain rights in the estate under particular circumstances.
Regardless of what your will says and provided there is no prenuptial or postnuptial agreement, a spouse has certain rights in your estate. For example, marriage does not cancel a will in Florida. A person who becomes your spouse after the making of a will may receive the same portion of your estate that he or she would have received had you died without a will. This portion is normally at least 30% of the probate estate and a life estate of the homestead property.
In your will, you may name the person you have selected to be responsible for seeing that the requests stated in your will are carried out. In Florida, this person is called your "personal representative." Personal Representative means the same as executor. The Personal Representative may be anyone over 18 years of age, who is competent and resides in Florida. If the person named as Personal Representative resides outside Florida, the person must be a blood relative of yours or the spouse of your blood relative.
If you wish to make a new will or change your existing will, you must again do so in writing, signed by you in the presence of two witnesses. A will's terms cannot be changed by writing something in or crossing something out after the will is signed and witnessed. Writing on the will after its execution may invalidate part or all of it.
If you die without a will, your money, property and possessions will be distributed among your relatives according to a formula established by law. The court will appoint a personal representative, known or unknown to you, to manage your estate.
The drafting of a will should be part of an overall estate plan which involves making decisions requiring professional judgment which can be obtained only by years of training, experience and study. A lawyer can avoid the many pitfalls and advise you of the course best suited for each individual situation.
If you believe you need legal advice, call your attorney. If you do not have an attorney, call The Florida Bar Lawyer Referral Service at 1-800-342-8011, or the local lawyer referral service or legal aid office listed in the yellow pages of your telephone book.
More info from
http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/da680b25c52856e185256b2f006c5ecc?OpenDocument
WHY SHOULD I HAVE A WILL?
A will is a legal document in which you list persons and organizations to whom you wish to give your money, possessions and property when you die.
You, the maker of the will, must be at least eighteen years old and of sound mind at the time you sign your will. Your will must be in writing and then signed by you in the presence of two witnesses. To be effective when you die, your will must be presented to the probate court in the county where you legally reside.
In addition to declaring who will receive your money, property, and possessions, your will can specify whom you want to take care of any minor children if both you and your spouse die. In Florida, children are minors until age 18. By law, a guardian must be chosen for all minor children who have lost both parents. By naming a guardian in your will, you can avoid an additional guardianship proceeding.
Your will may also create a trust whereby your estate or a part of it will be kept intact and the income and income producing assets can be used to provide for your spouse or children over a certain period of time.
Children born or adopted after a will is made, or a child without adequate means of support may still have certain rights in the estate under particular circumstances.
Regardless of what your will says and provided there is no prenuptial or postnuptial agreement, a spouse has certain rights in your estate. For example, marriage does not cancel a will in Florida. A person who becomes your spouse after the making of a will may receive the same portion of your estate that he or she would have received had you died without a will. This portion is normally at least 30% of the probate estate and a life estate of the homestead property.
In your will, you may name the person you have selected to be responsible for seeing that the requests stated in your will are carried out. In Florida, this person is called your "personal representative." Personal Representative means the same as executor. The Personal Representative may be anyone over 18 years of age, who is competent and resides in Florida. If the person named as Personal Representative resides outside Florida, the person must be a blood relative of yours or the spouse of your blood relative.
If you wish to make a new will or change your existing will, you must again do so in writing, signed by you in the presence of two witnesses. A will's terms cannot be changed by writing something in or crossing something out after the will is signed and witnessed. Writing on the will after its execution may invalidate part or all of it.
If you die without a will, your money, property and possessions will be distributed among your relatives according to a formula established by law. The court will appoint a personal representative, known or unknown to you, to manage your estate.
The drafting of a will should be part of an overall estate plan which involves making decisions requiring professional judgment which can be obtained only by years of training, experience and study. A lawyer can avoid the many pitfalls and advise you of the course best suited for each individual situation.
If you believe you need legal advice, call your attorney. If you do not have an attorney, call The Florida Bar Lawyer Referral Service at 1-800-342-8011, or the local lawyer referral service or legal aid office listed in the yellow pages of your telephone book.