People often ask whether a will is absolutely necessary. Estate planning has so many facets depending on the type of property involved and the identity of the heirs, whether homestead property is involved, that it is impossible to provide a simple answer. Generally speaking, it is best to always have a will as a back-up, even if you have other documents, such as a revocable trust, and even if all of your assets are jointly owned or have beneficiary designations.
Often times there is property that has been overlooked, or that is acquired after death, and a will can provide for the distribution of these assets to the people whom you would want to receive it. If you die without a will, there is an intestacy statute which will control the distribution of your property in a manner which you may not desire or have foreseen.
There are specific requirements for a will to be valid, and it is always best to have an attorney draft the will so that the proper provisions are included which will ensure your property is properly distributed to your loved ones and that your estate is administered in an efficient manner.
Florida has very complicated homestead laws, elective share laws, and other restrictions, and if you are not an attorney, it is very possible that you will not understand how these laws will affect the distribution scheme you desire.
Contact us today to discuss any questions you have regarding the drafting of your will.
