How to Set Up Your Will in Miami, FL

How to Set Up Your Will in Miami, FL

November 30, 2018

Are you a Florida resident who’s interested in setting up a will? Great! It’s important you take this step to safeguard your estate and look out for your loved ones, especially your children. You can use your will to leave behind assets to specific people or organizations, name a personal guardian to take care of your minor children if you pass away unexpectedly, select a personal representative who will handle all matters of your estate after your passing and name a trusted person to manage any property you leave behind to minor children. An attorney for wills and trusts in Miami, FL can help.

What makes it so important to leave behind a will?

The main answer here is that having a will allows you to maintain control over what happens to your estate. If you pass away without a will, your property will be distributed in accordance with Florida’s laws of intestate succession. Under these rules, your property goes to your closest relatives first, starting with your spouse and children. If you do not have a spouse or children, your grandchildren or parents will inherit your property. This goes out to further distant relatives as needed, including siblings, grandparents, aunts and uncles, cousins and in-laws.

If, after examining your estate and your living situation, the state finds you do not have any living blood or marital relatives, the state then takes possession of your property and does with it as it pleases.

Therefore, if you want to have any element of control over what happens to your possessions upon your death, it’s important you prioritize the creation of a will.

Creating your will

You do not actually have to work with an attorney to create a will in Florida, but it is highly suggested you do so. An attorney will understand all the ins and outs of Florida estate law and be able to guide you through any difficult decisions you may face while helping you achieve the goals you want to accomplish with your estate plan.

The requirements for making a will official are rather simple. All you need is two witnesses who watch you sign your will, and who then sign your will themselves. You do not need to have your will notarized to make it legal. However, if you wish to make your will self-proving, then you’ll need to take it to a notary. Self-proving designations are helpful because they speed up the probate process, as the court will be able to accept the validity of the will without having to contact the witnesses.

Be sure to name a personal representative in your will in addition to outlining what you want to have happen to your possessions. This person will make sure every element of your will gets carried out according to your wishes.

For more information about what is involved with drafting a will in Florida, contact an experienced attorney for wills and trusts in Miami, FL at the office of Rubén J. Padrón, PA. We look forward to working with you.

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