Brandon Wills Attorney
Not many of us want to think about dying, but it’s something that’s as certain as taxes, so there’s no escaping it. Since you could die at any time, it helps to be prepared. Instead of being in denial about your eventual death, be proactive with estate planning.
Estate planning is essential for everyone. Even if you don’t have much in terms of assets, a basic estate plan—such as a will—can help ensure your affairs are in order and create less stress for your family in the event of your passing.
What is a Will?
A will is a legal document that expresses your final wishes in written form. While its main purpose is to outline who will get your money and other assets upon your death, it can also be used to name guardians if you have minor children or direct loved ones as to how you want your funeral or memorial to be held. You can leave assets to heirs, friends, and charities. The will becomes active upon your death.
While a will is technically all you need if you have very few assets, one of the biggest downsides of having one is that all wills must go through probate. This is a legal process where an authorized court administrator examines the will to ensure its validity. This process can take a long time. Plus, family members will often try to contest the will, causing a lot of unnecessary stress during an already emotionally challenging time.
Templates for wills can be easily found online. However, it is always a good idea to discuss your individual situation with an estate planning attorney.
Types of Wills
There are four main types of wills:
- Testamentary will. Also known as a last will and testament, this is the most common type of will used.
- Pour-over will. A pour-over will is used in conjunction with a trust. Used a backup plan, a pour-over will covers assets that the person failed to put into their trust at the time of their death.
- Holographic will. A holographic will is handwritten and signed by the creator. Florida does not recognize these types of wills.
- Oral will. As the name implies, an oral will is spoken but not written. They are usually spoken on one’s deathbed. Florida also does not recognize these types of wills.
Contact a Brandon Estate Planning Attorney Today
We all die eventually and it’s good to have at least a will in place so that your assets can go to whom you intend them to go. Without a will, state laws and the government will decide what to do with your assets, which may not be a good thing.
Dealing with estate planning matters can be difficult and emotional, so let Brandon wills attorney Stephanie Koether from Koether Law, P.A. guide you through the process. She can help you understand the laws that apply in your case. To schedule a consultation, contact our office today.
