Loune-Djenia Askew, Esq.
Jul 31, 2024
Here’s a guide to understanding the basics of will preparation and how a lawyer can assist in creating a comprehensive and legally sound will.
While creating a will may seem like a simple process, there are many legal nuances that can complicate will preparation. Here’s a guide to understanding the basics of will preparation and how a lawyer can assist in creating a comprehensive and legally sound will.
What is a Will?
A will is a legal document that outlines how a person's assets will be distributed after their death. It can also include other important directives, such as appointing guardians for minor children and specifying funeral arrangements.
The Basics of Will Preparation
Identify Your Assets and Beneficiaries
Start by listing all your assets, including property, bank accounts, investments, and personal belongings. Next, decide who will receive these assets (your beneficiaries).
Choose an Executor
An executor is the person responsible for carrying out the terms of your will. Choose someone you trust to handle this responsibility, as they will manage your estate, pay debts, and distribute assets to your beneficiaries.
Appoint Guardians for Minor Children
If you have minor children, it's essential to designate guardians in your will. This is to make sure that your children are cared for by individuals you trust in the event of your death.
Specify Your Wishes
Clearly outline how you want your assets to be distributed. Be specific to avoid any potential disputes among your beneficiaries. Include any special instructions for particular items or assets.
Sign and Witness the Will
To make your will legally binding in Florida, you must sign it in the presence of two witnesses. These witnesses should not be beneficiaries of the will to avoid conflicts of interest. The witnesses must also sign the will in the presence of the testator and each other.
An estate planning lawyer guarantees your will meets state laws and avoids common mistakes. They customize the will to your specific needs, such as handling blended families or business ownership, and provide advice on complex issues like estate taxes. Having a lawyer to help you out reduces the risk of disputes among beneficiaries by using clear, precise language to prevent misunderstandings.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.