FAQs About Wills In Daytona Beach

A last will and testament is a legal document that outlines your wishes after you pass away. Wills typically dictate which of your beneficiaries you want to receive certain property of the estate after you are gone. There are many legal requirements placed on wills and over time, there has been a significant amount of misinformation spread about them. To clear up any confusion, our Daytona Beach wills and trusts lawyer outlines some of the most frequently asked questions we hear about these documents, and the answers to them.

Does the State Receive My Property if I Do Not Have a Will? 

Your property does not become property of the state if you pass away without a will. However, the state will decide how your property is divided according to Florida intestate laws. While this division may align with your wishes, that is not always the case. Your loved ones will also have to file a petition with the court, obtain court approval, and file guardianship for any minor children. You can avoid all of this by simply drafting a will.

Will My Assets Be Distributed in Accordance with the Will? 

This depends on a few factors. After you pass away, the property you solely own that must go through probate may be the only assets that are required to be distributed in accordance with your will. For example, if you divide your property in your will equally among your three children, the state is required to distribute your assets in this manner. On the other hand, if you leave everything to your oldest child and ask them to distribute it among all of your children equally, they may do this but they are not legally required to.

Does My Will Have to Be Signed by a Notary? 

Not necessarily but it can save your loved ones a great deal of headaches and stress. The first step in the probate process is always ‘proving’ it in court. This essentially validates the will and confirms that it is legal. If you notarize your will, there is no need to prove it. Proving a will requires a witness, and it can be difficult to find a witness after someone passes. Notarizing your will can streamline the probate process, and save your family members unnecessary stress.

Do I Need to Leave a Relative $1 to Disinherit Them? 

This is perhaps one of the biggest myths out there about wills. If you want to disinherit someone, you should never include them in your will. This makes them an interested party and could leave your will open to challenges and contests. Instead, ask a lawyer if they would have any rights to your property and then take the proper steps to disinherit them.

Does a Wills and Trusts Lawyer in Daytona Beach Need to Draft the Document? 

You are not required to work with a Daytona Beach wills and trusts lawyer, but it is always recommended that you do. At Bundza & Rodriguez, our experienced attorney can provide the legal advice you need when drafting your will, ensure it is drafted properly, and that you and your family are protected. Call us today at 386-252-5170 or contact us online to schedule a consultation with our attorney.

Source:

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