Florida Will Attorney
A Last Will and Testament is the document under which you direct the final distribution of your assets -- that is, your estate. It has no legal force or use until you have died and it is filed for probate.
Even if you have a Revocable Living Trust, you should still have a Will. A Last Will and Testament is a safety net or catch-all for anything you own or any right you have upon your death that is not specifically mentioned in your Revocable Living Trust. People frequently forget to put assets into their Revocable Living Trust. You might win the lottery and not have time to transfer your winnings! Even with a trust, a will is necessary as a "catch-all" in case there are items outside of the trust. If you don’t have a Will, any assets not included in your Revocable Living Trust would distributed according to intestate succession laws, which you don’t want to happen. If you have a Revocable Living Trust, the will can "pour over" any assets you own individually at your death to the trust. The assets are then dealt with as the trust directs. And most importantly, you can know you've made the decisions. It is, after all, your estate.
Wills (and trusts, too) may be particularly important for people who want to omit a child from the estate (for whatever reason – you don’t have to justify it), people in second marriages with multi-family heirs, unmarried couples or partners, or anyone who simply wants to leave something to a friend. A will may include a “Pre-Need Designation of Guardian” for minor children. Designating a guardian in your Will helps to avoid family disputes and battles.
For More Information About Wills
Please contact estate-planning lawyer Rebecca M. Becker if you would like more information about a Last Will and Testament. We prepare Wills and other legal preventive maintenance planning documents for clients in Flagler and Volusia County in Florida, including Daytona Beach, Ormond Beach, Port Orange, New Smyrna Beach, Edgewater, DelLand, Deltona, Pierson, Palm Coast and Flagler Beach.
We look forward to an opportunity to work with you.
