What Does a Last Will and Testament Do? 

Your last will and testament has many different purposes. However, it is unlikely that a will alone can help your loved ones avoid the probate process. In fact, the first step during probate is to ‘prove,’ or verify the will. After validating the will, the probate court will oversee the administration of the estate and make sure the provisions in the will are followed. While a will alone does not help your family members avoid probate, it can streamline the process and make it much simpler.

Can a Trust Help Your Loved Ones Avoid Probate? 

While last will and testaments are not enough on their own to help your family members avoid probate, creating a trust can. Trusts are legal documents into which property is placed and is then protected from the probate process. By drafting a revocable trust, you can manage your property and sell it, gift it, or transfer ownership of it. Property within trusts are generally exempt from the probate process because they are separate entities from the person who created it. However, it is critical that you place all property within your trust. If you do not, any property that is not placed in the trust is subject to probate.

Consistency is Key 

To ensure that their loved ones are fully protected, many people choose to draft a will as well as a trust. Both of these are important legal documents and can help your family members avoid the probate process. While drafting a trust and will can be beneficial, it is critical to make sure that the information in both documents is consistent. If there are any discrepancies between them, they may both have to pass through probate to resolve any differences. This is a mistake that is costly and time-consuming, but it is easily avoidable.

Our Wills and Trusts Lawyer in Daytona Beach Can Help You Prepare a Comprehensive Plan 

While a last will and testament is not enough to help your family members avoid probate, there are many ways you can protect your loved ones. At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can explain what those are and prepare the necessary documents that will protect your loved ones. Call us today at 386-252-5170 or chat with us online to schedule a free consultation with our experienced attorney and to get more information.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html

What are Florida’s Intestate Succession Laws? 

When a person passes away without a will, Florida’s intestate succession laws divided the estate of the deceased among the closest relatives of the decedent. The relatives are given priority and that is as follows:

• A surviving spouse is the first to inherit the estate, but they must have been legally married to the decedent. If the decedent did not have surviving children, the spouse will receive the entire estate.
• Surviving children are given next priority to the estate after the surviving spouse. Biological and legally adopted children are given the same rights to the estate.
• If the decedent did not have a surviving spouse or children, the parents can inherit the estate.
• If the decedent did not have a surviving spouse, children, or parents, the estate will be divided among any surviving siblings.

The intestate succession laws are not always straightforward. Family structures today are far more complex than they once were. People sometimes have more than one marriage, and they may have children from each of them. The probate courts will still use the intestate succession laws to determine how an estate is divided. However, it is still important to draft a will that can avoid the intestate laws and allow you to decide how your estate will be divided.

What Property is Not Affected by Intestate Succession Laws? 

It is true that when a person passes away without a will, there are still portions of their estate that will not have to go through the probate process. These include:

• Life insurance policies with primary or secondary beneficiaries. These policies are distributed to the beneficiaries directly and they are also usually protected from creditor claims.
• Property that is jointly owned. These assets will directly transfer to the surviving owner.
• Revocable trusts
• 401Ks, IRAs, and other retirement accounts with designated beneficiaries

Call Our Wills and Trusts Lawyer in Daytona Beach Today 

While the intestate succession laws of the state were created in order to be fair to a decedent’s surviving family members, they also take some control away from you. At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can help you draft your will to reflect your wishes and protect you and your family. Call us now at 386-252-5170 or chat with us online to schedule a free consultation with our experienced attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

What is a Holographic Will? 

Contrary to what many people think, holographic wills are not only handwritten. A holographic will is one that is not signed by witnesses, whether it is typed or handwritten. While handwritten wills are legal in Florida as long as they are signed by witnesses, holographic wills are not valid. The testator, or the person who drafts the will, must sign at the end of the document.

Wills must also be signed by two witnesses in order to be valid. Florida law does not place an age limit on witnesses. Witnesses also do not have to read the will before they sign it. The witnesses to a will must only see the testator sign the will and they must also understand the purpose of the will and the testator’s intentions when drafting it. When the witnesses sign the will, it shows that the document is valid and reflects the wishes of the testator.

People sometimes think that if they drafted a holographic will that was considered valid in another state and then moved to Florida, the document is still valid. This is not true. Holographic wills are never upheld in the Sunshine State because they create questions regarding whether a testator was under undue influence when drafting one.

What is a Nuncupative Will? 

A nuncupative will is not a document at all. Instead, these are oral wills, which are sometimes recorded. Like holographic wills, nuncupative wills are also not considered legal in Florida. When a person creates an oral will, even if they recorded their last wishes, the courts will strike it down and treat the person’s estate as though they had died interstate, or without a will.

The intestacy laws in Florida stipulate how a person’s estate is divided after they pass away. Generally speaking, the intestacy laws state that a surviving spouse will receive the majority of their late spouse’s estate. The remainder is then distributed to the surviving children of the deceased.

Our Wills and Trusts Lawyer in Daytona Beach Can Protect Your Family 

Whether you have yet to draft a will, or you have brought a document to Florida that was created in another state, our Daytona Beach wills and trusts lawyer can help. At Bundza & Rodriguez, our experienced attorney can advise you on the laws and help you draft a document that will be legally recognized to make sure that your last wishes are fulfilled. Call us now at 386-252-5170 or chat with us online to request a free review of your case and to get the information you need.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.502.html&_ga=2.138961651.152988882.1584990142-1755332197.1584990142

Should You Change Your Existing Will or Draft a New One? 

You do not always need to create a completely new will, even when there has been a major life change. Instead, you may choose to add a codicil. Codicils are legal documents that change certain portions of a will, or that add to it, without the original being entirely revoked. In the majority of cases, it is recommended that you draft a new will instead of adding a codicil to the current document. When drafting a new will, you should know that it does not revoke your old one automatically. In fact, drafting a new will can create future complications, particularly if the two documents contradict each other.

Revoking a Will Through Operation of Law 

An operation of law can revoke your will, but this is not something you can do on your own. For your will to be revoked using operation of the law, a portion of it must be legally invalid. For example, if you created a will while you were married, you likely named your spouse as a beneficiary. If you later got divorced but did not change your will, any portion of the document that refers to your spouse will be considered invalid.

Revoking a Will Through Writing 

You can revoke a will in writing using language such as “hereby revoking any existing former wills,” but it is always best to work with an attorney who will know what terminology to use. You may want to revoke just certain portions of your will but the probate court will try to reconcile all parts of the document. For this reason, it is usually best to revoke your entire old will in writing and then draft a new one.

Revoking a Will By an Act 

There are specific acts that can revoke your old will. If you or someone acting on your behalf tears, burns, obliterates, destroys, defaces, or cancels your old will with the intention of revoking it, it can serve that purpose. Before taking any of these actions, you should also speak with an attorney who can advise on how to do it properly.

Our Wills and Trusts Lawyer in Daytona Beach Can Help with Your Case 

Drafting a new will can ensure that your final wishes are fulfilled, but it is important to work with a Daytona Beach wills and trusts lawyer to ensure it does not raise issues in the future. At Bundza & Rodriguez, our experienced attorneys can help you make any necessary changes without creating further complications. Call us now at 386-252-5170 or contact us online to schedule a free consultation and to learn more.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

When drafting a will, you may have many questions. Below, our Daytona Beach wills and trusts lawyer outlines some of those we most frequently hear, and the answers to them.

If I Pass Away Without a Will, Does the State Keep My Assets? 

If you do not have a will when you pass away, you are considered to have died intestate. This does not mean that the state will keep your assets, but it does mean a court will determine how your property is divided. For some, the court’s decisions may align with your own final wishes, but this is not always the case. As such, all adults should draft a will that ensures their last wishes are fulfilled.

Should I Notarize My Will? 

There is no legal requirement that a will has to be notarized in order to be valid. However, notarizing your will can save your loved ones a lot of time and effort. By notarizing your will, you can also notarize a supporting document known as the Self Proving Affidavit. If you have the affidavit notarized, a judge can accept the will without further proof. Without this affidavit, a witness or other party must attend a court hearing to prove the will. It can be very challenging to locate witnesses and so, it is always recommended that the affidavit is included in your estate plan.

Do I Have to Include Someone in My Will if I Want to Disinherit Them? 

Many people believe that to disinherit someone, you must leave them something of little value, such as one dollar. This shows that you did not forget about them and that you intended to leave them with very little. This is a common misconception. In fact, including someone you want to disinherit can make things more difficult. They will have a legal interest in the estate and will have to be part of the process, which means they can challenge your will. Instead, speak to an attorney about how to disinherit someone.

Should I Keep the Original Document? 

Yes. If your family cannot find the original document, the court will question whether you intended to destroy it. Your loved ones will have to take extraordinary measures when trying to find the original. Always keep your original will in a safe place such as a safety deposit box and tell your family members or personal representative where it is.

Our Wills and Trusts Lawyer in Daytona Beach Can Answer All of Your Questions 

You may have many questions when drafting a will. At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can answer them and provide the sound legal advice you need. Call us now at 386-252-5170 or chat with us online to request a free consultation and to get more information.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Unfortunately, drafting a trust is not always enough to avoid probate. In fact, trusts sometimes fail and when this is the case, it will not work in the way you intended. Below, our Daytona Beach wills and trusts lawyer outlines the most common reasons trusts fail.

Not Funding the Trust 

Trusts often fail because they are not funded. Funding a trust refers to actually placing property into it after it has been created. Some people neglect to do this, or they do not do it properly. For example, titled property such as a vehicle or a home must be retitled into the name of the trust. Additionally, any assets obtained after the trust is created should also be placed into the trust.

Not Identifying Goals for the Trust 

People do not always consider the goals they have for a trust. For example, you may want to leave property in a trust for a child with special needs so it does not impact the government benefits they receive. Or, you may want to leave money to a charity that is important to you.

It is important that you work with a Daytona Beach wills and trusts lawyer you feel comfortable enough with, as you will have to talk about personal information. After your lawyer has developed a better understanding of your goals, they can help ensure your legacy is protected.

Not Updating the Trust 

As with so many other estate planning documents, many people create a trust and then do not think about it again. This is a mistake. However, a trust is a living document and it is important to maintain and update it regularly. Any time you acquire a new asset, you should consider whether you want to place it into the trust to protect it from the probate process. Any time there is a major life change, such as a birth or a death, you should review the trust to ensure it still reflects your final wishes.

Even when you have not acquired new assets and there have not been any major life changes, you should still review your trust every other year. This will make sure that it is current and that it works in the way you intended.

Our Wills and Trusts Lawyer in Daytona Beach Can Make Sure Your Plan Works 

At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can help you create a solid estate plan that is effective and enforceable by the courts. Call us now at 386-252-5170 or chat with us online to request a free consultation with our experienced attorney and to get the sound legal advice you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html

A New Birth in the Family 

Many people create a will so they can expressly leave an inheritance to their children or grandchildren. As such, any time there is a birth of a new child, it is important to review your will. Consider what property you want to leave to them and include this in your will. If you have not already, it is also important to consider who you would like to name as guardian for any of your minor children in the event that you pass away.

You are Thinking About Divorce 

If you are considering divorce, it is important to review and change your will as soon as possible. If you have not changed your will by the time your divorce is finalized, the probate courts will proceed as though your spouse passed away, so they will not receive any of your property. Still, if you pass away before your divorce is final, your spouse will still inherit property you likely did not want to leave them.

Your Children Get Married 

If one of your children gets married and they do not have a prenuptial agreement, leaving them property in your will can ensure they still receive their inheritance. You can also ensure their spouse will not receive any of it. As long as your child does not commingle the property with marital assets, the property will remain separate if your child gets a divorce.

An Executor or Beneficiary has Died 

If you have appointed an executor or named a beneficiary in your will and they have passed away, it is critical that you review and update it. Otherwise, your will may be deemed void and your final wishes may not be fulfilled. Even if you have appointed a second executor in your will, you should still review it to determine if changes need to be made and to name another executor, if necessary.

Younger Children Have Grown Up 

Perhaps when your children were first born was when you first created your will to ensure they were provided for. As such, you may have names your spouse, parents, or even a sibling as executor of your estate. If your children have now grown up, you may want to change your will so you can appoint your adult child as executor.

Our Wills and Trusts Lawyer in Daytona Beach Can Help with Revisions 

The above scenarios are just a few times when you should review and potentially revise your will. At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can review your current will, talk to you about your goals, and revise the current document or create a new one so your family is fully protected. Call us now at 386-252-5170 or contact us online to schedule a free consultation and to learn more.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

What are Wills and Trusts? 

The foundation of most estate plans is a last will and testament. In a will the person who drafts the document, known as the testator, names the heirs they want to leave property to after they pass away. A will also names a personal representative who will administer the estate after the testator’s death. After a testator’s death, the person who has the original will must file it with the court. The court will then verify that the will is valid.

Trusts, on the other hand, are quite different from wills. People who create trusts are known as settlors and they transfer the title of certain types of property to a trustee. The trustee will control and oversee the assets for the benefit of the individuals named in the trust, who are known as the beneficiaries. Settlors can name themselves as the trustee. In these cases, the settlor can control the assets within the trust during their lifetime and distribution of the assets is still easier after their death.

How are Wills and Trusts Different? 

A last will outlines property that is solely in the name of the decedent, and this property is subject to probate. Before a will is entered into probate, it must be approved by a probate judge. Property that is held in joint tenancy with rights of survivorship and property that is held in a trust is not subject to probate.

After a will is filed with the probate court and a judge has verified that it is valid, the court will then determine if the person named as personal representative is qualified. If so, the court will then follow the provisions in the will and make sure the property is distributed accordingly. Assets within a trust can be distributed to beneficiaries without court intervention.

Due to the fact that will must pass through the probate court, they become public record and anyone can look up the details of the document. Trusts do not have to go through probate and so, they remain confidential. This is often important for people with larger estates or those who want to avoid challenges to part of an estate plan.

Our Wills and Trusts Lawyer in Volusia County Can Plan Your Estate 

Estate plans can include many different components and it is important to know what they are, and which ones you should include in yours. At Bundza & Rodriguez, our Volusia County wills and trusts lawyer can outline your legal options and help you determine which ones are right for you. Call us now at 386-252-5170 or chat with us online to request a consultation and to learn more about how we can help.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html

Unfortunately, even when family members are aware that a will exists, they do not know where to locate it. Below, our Daytona Beach wills and trusts lawyer explains how to find your loved one’s will.

Search Your Loved One’s Personal Belongings 

Many people who draft a will keep it with their other personal belongings. Start your search for the will by looking in your loved one’s office or study, a safe if they have one in the home, or try to find a safety deposit box in their name at a bank.

Contact Your Loved One’s Estate Planning Lawyer 

If you know that your loved one hired a certain estate planning lawyer, you should contact them and ask them for a copy of the will. If you do not know whether your loved one was working with an estate planning lawyer, look for an attorney’s name and phone number while searching their belongings.

Ask the Executor of the Estate 

An easy way to find a copy of your loved one’s will is to ask the executor of the estate. Most people give their executor a copy of the will when they are appointed. If you are unsure of who was appointed executor, try finding their name and contact information when searching your loved one’s belongings.

Search the Docket of the Probate Court 

After exhausting all other options, you can search the docket of the probate court. Search the docket of the probate court located in the same county where your loved one lived. You can often search the dockets online.

If You Cannot Locate the Will 

If you have taken the above steps and still cannot locate your loved one’s will, you may have to proceed with intestate probate administration. On the other hand, if you are certain your loved one had a will, and the person who has it will not give you a copy, you should speak to a probate litigation attorney who can advise on the next steps to take.

Call Our Wills and Trusts Lawyer in Daytona Beach for Help 

Many people think there is one large database you can use to search for a will, but this is not the case. At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can advise on the legal avenues available to you when searching for the document. Call us now at 386-252-5170 or chat with us online to request a free consultation and to get more information.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Improperly Executing the Will 

The details you include in your will are very important. However, how your will is executed is of equal importance. All wills in Florida must be signed by the testator, or the person who created the will, as well as two witnesses. While not required, having a will notarized also makes it self-proving, which does not require the testimony of the witnesses. All of this must be done in a certain order. For example, if you try to get the will notarized after signing it, the will may be deemed null and void because you must sign it in front of the notary.

Choosing an Ineligible Personal Representative 

Just as there are certain requirements wills must meet, there are also certain requirements for personal representatives. People who are under the age of 18 years old or who have been convicted of a felony cannot act as the personal representative. If you choose an ineligible personal representative, the court will appoint one and it may not be someone you would have chosen.

Using Ambiguous Terms 

The language contained within a will should be as specific as possible. The purpose of a will is to leave clear instructions for your loved ones after you pass away. Unfortunately, when people draft their own will, they often use ambiguous terms inadvertently and what is clear to them is not evident to surviving loved ones or the courts. If you are not specific in your will, it can cause a serious dispute that may even require probate litigation.

Not Including Important Details 

You should never assume that your loved ones automatically know how you want your estate distributed. You should make sure your will makes the necessary arrangements for your assets and other property, as well as any debt you carry. If you do not include these important details in your will, it could cause conflict in the future.

Our Wills and Trusts Lawyer in Daytona Beach Can Help You Avoid Mistakes 

A will is only as good as its execution and if yours is not executed properly, it could lead to many problems for your family in the future. At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can help you create an estate plan and avoid mistakes so your last wishes are fulfilled. Call us now at 386-252-5170 or chat with us online to schedule a free consultation and to learn more.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html