Living Wills & Last Will and Testament Attorneys in Pensacola
Regardless of the value of your assets or your financial standing, everyone should have a will. A standard will, formally known as a Last Will and Testament, outlines your wishes regarding the distribution of your estate upon your passing. Without a will, your assets may become entangled in probate for a long duration, leaving the judiciary to decide who inherits your property. Additionally, a critical estate planning document is a living will. Living wills, or advance directives, convey your medical preferences should you become unable to make decisions for yourself.
At the Law Offices of Whibbs Stone Barnett Turner, PA, our attorneys boast over 60 years of combined experience guiding clients in creating estate plans that cater to their unique requirements. Our deep knowledge of wills, living wills, trusts, and other estate planning tools enables us to collaborate closely with clients to craft the ideal plan for their circumstances. Furthermore, we possess substantial insight into related fields such as real estate and family law, allowing us to develop estate plans with innovative solutions drawn from our extensive expertise.
The Benefits of Creating a Will
In Florida, most estates are subject to the probate process, whether or not a will exists. Certain properties, like jointly owned assets, beneficiary-designated accounts, and trusts, can bypass probate. A valid Last Will and Testament simplifies and clarifies the probate journey.
There are several compelling reasons to consider drafting a will:
- You Decide How your Property is Distributed: If you pass away in Florida without a will, probate courts will divide your estate according to intestate succession laws. With a will, you have the authority to dictate how your property is allocated, ensuring that your wishes are honored. This is especially significant if there are specific descendants you wish to exclude or if you want to provide for someone close to you who is not a relative.
- You Appoint the Executor: It is crucial that a trusted individual manages your estate in alignment with your final instructions. If you have a will, you get to designate your executor. Without one, the court appoints someone for you.
- You Decide who Looks after your Minor Children: If you have children under 18 and you do not have a will, the court will determine who raises them. This is a pivotal decision that should be made by you, not left to the courts.
- You Can Reduce the Chances of a Legal Dispute: Families often clash over inheritance following a death without a will, leading to lengthy, expensive legal battles. A will significantly lowers the chance of such disputes occurring. While wills can be challenged, properly executed wills under state laws typically withstand scrutiny.
Changing your Will after a Divorce
In Florida, creating a new will effectively revokes an old one. A well-crafted Last Will and Testament will explicitly state that all prior wills are revoked. If you are undergoing a divorce or legal separation, this is an opportune time to revise your will. For instance, if your soon-to-be ex-spouse is named as the executor, you may want to replace them. Additionally, you may need to update beneficiaries and property distribution to reflect your new circumstances. Our attorneys can assist you in ensuring that these essential updates are made.
Florida Living Wills
If you lose the ability to make healthcare choices due to illness, injury, or age, having a living will ensures your medical preferences are honored. Living wills provide guidance on the treatments and procedures you wish to receive or decline in the event of incapacity. They facilitate clear communication to healthcare providers and loved ones, allowing them to respect your wishes and alleviating them from making challenging decisions without your input.
In conjunction with a living will, it is wise to designate a medical power of attorney, known as a Health Care Surrogate in Florida. This person will be entrusted to make medical decisions on your behalf if you cannot do so. When paired with a living will, you can be assured that your directives are executed as intended.
Speak with a Seasoned Florida Estate Planning Lawyer
Wills and living wills are vital components of an estate plan. While you could draft these documents independently using a “do-it-yourself” kit, this may lead to unintended issues. Such kits may be legally valid but often lack the complexity needed for individual circumstances. Partnering with a knowledgeable attorney ensures your documents comprehensively safeguard your interests and consider potential future scenarios.
By taking proactive steps in estate planning, you not only protect your assets and legacy, but also provide peace of mind for yourself and your loved ones. The process can seem complex, but with professional guidance, your wishes can be clearly documented and legally enforceable. Thoughtful estate planning considers not just your current needs but also anticipates future changes—such as remarriage, growth in family, evolving assets, and shifts in law—ensuring your intentions remain safeguarded as life unfolds. Whether your estate is simple or intricate, a comprehensive approach helps avoid confusion and provides clarity for those you care about most.
At the Law Offices of Whibbs Stone Barnett Turner, PA, we take the time to comprehend the distinct needs of our clients, employing our extensive experience to devise the most suitable estate plan for your situation. For a tailored consultation with one of our attorneys, reach out to us today at 850-500-1111 or connect through our online form. You can also visit our Pensacola office.
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