Anyone who dies without a legally acceptable will is considered as having passed away ‘intestate.’ This means that the state they reside in will become responsible for distributing their wealth according to the laws they currently have in place. In general, these laws always work by prioritizing giving your assets to those who are most closely related to the deceased.
Intestate laws apply when a person dies without any will or without a will that is considered valid. To make sure that one’s assets are distributed the way they should be, a person should get in touch with an estate lawyer to help them create a will that is legally accepted after they pass away.
Everyone desires to have their loved one’s properly taken care of in the case they pass away suddenly, and a person should do everything in their power while they are alive to make sure this matter is taken care of.
For a will to be valid in Florida, the following rules must be applied:
- The person writing the will should be legally an adult
- The will must be signed in front of two credible witnesses
- The witnesses must sign the will as well
Some states do accept oral wills or holographic wills which is a will written entirely in the handwriting of the deceased and without any witness signatures, but Florida does not accept these.
How can an attorney help me with my will?
Apart from making sure all the legal requirements are met in filing the will to make sure it is accepted after a person passes away, an attorney can also help a person plan their estate division in such a way as to minimize their taxes.
Many times, when the property is not divided properly, there is a huge deduction of tax and a person’s loved ones are deprived of their rightfully deserved money. An attorney can assist a person in planning their estate in such a manner to minimize this tax burden.
Estate planning also helps a person legally command who will raise their children in the case they die. If this is not decided beforehand, then the state will step in once again and decide for themselves who they believe is the correct person to be taking care of the children until they turn 18 years of age.
Every individual who has a desire to have their assets divided in a particular way after they die should contact an estate planning lawyer to help them prepare a legal will and get professional advice that will greatly benefit their loved one’s in the event of a sudden loss.