When Is a Good Time to Create a Will? | Rubén J. Padrón, PA

When Is a Good Time to Create a Will?

July 10, 2020

Are you ever too young to write a will in Miami, FL? No. Once you’re over 18 years old and own any property, you should have a will. No one likes to think of themselves dying, but death is an unfortunate fact of life, and having a legal will written will help your surviving loved ones carry out your final wishes.

You can create a will yourself or with the help of an attorney, but bear in mind that if you do it yourself, you may leave instructions that can’t be legally upheld. If you have important property dispositions in mind, you should hire an attorney to help you get these important documents in order.

What is a will, exactly?

A will is a legal document that tells your survivors what to do with any property you own upon your death. If you don’t have a will at the time of your death, you are considered “intestate,” and your assets will be distributed according to your state testacy laws. In some cases, this is a good thing: your spouse and children, if you have them, are the most common beneficiaries. However, if you’re estranged from your family members or have specific people you don’t want to receive your property, you need to make sure you create a will in Miami, FL to spell this out.

For the most part, your will needs to contain specific information, including who you are, the property you wish to distribute and other important elements that will help the court and your loved ones follow your instructions. Your will usually needs to be witnessed by other people, although requirements vary depending on the type of will and who prepares it.

What do I need to consider in my will?

Writing a will can be overwhelming, but you can make it simpler by breaking the task down into a few major parts. Once you decide who your executor (the person you want to carry out your wishes) should be, you can move on to distributing assets. First, consider your assets: what do you own? This can and should be everything from your personal possessions to your bank and retirement accounts.

Second, who do you want to have your property? You can be as specific or as general as you like, as long as the court can determine who gets what. For example, “Everything I own goes to my wife,” which is easily identifiable, or “My purple Burberry blazer to John Smith” would likely hold up, but “Everything I own to my best friend” might not, if you don’t specify who the best friend is. If the court doesn’t know who to distribute assets to, it will be distributed according to state intestacy provisions.

You can also specify instructions for your funeral, digital presence and other areas you want handled after your death.

We might not want to consider the possibility of dying, but it’s never too soon to write a will. If you need help ensuring you’re leaving behind a valid will in Miami, FL, call Ruben J. Padron, PA today.

Categorised in: