Alast will and testament is an estate planning tool that allows you to direct how your estate should be distributed upon your death. A will can also be used to specify a personal representative for your estate, rather than one being appointed by the court. If you have minor children, you can also designate a guardian for that child if you should pass away.

Many people wonder whether they should have the help of an attorney while drafting a will. While there are a vast amount of “do-it-yourself” companies that can provide you forms for creating a will, the help of an attorney ensures that your will is legally valid. While the information contained within a will may be technically valid, Florida mandates that the will be executed with certain formalities, including, generally, that the will be witnessed by two individuals and that the testator (the individual creating the will) signs the will in front of the two witnesses. A failure to follow the execution formalities can result in the probate court declining to enter the will into probate. Additionally, if the will fails to provide for all assets in the testator’s estate, this can lead to a portion of the estate being distributed according to an intestate succession, which may not be the desire of the testator. Errors in a will can increase both the cost and length of administration of the estate.

End of life decisions are hard to make, but the importance of making these decisions should not be overlooked, especially if you have minor children. Our attorneys can help you draft and execute a will so that you may have peace of mind that all your affairs are in order. Contact our office today to discuss your specific needs.

Advanced Directives:

Advanced directives are a tool in Florida that allows individuals to state how they want decisions to be made, or who is able to make such decisions, should that individual not be able to make or express their desires themselves. Florida law provides for several different advanced directives.

Living Will – A living will is a document that individuals create to direct a physician as to whether they want life-prolonging procedures to be provided or withdrawn if the individual has an end-stage condition, or is in a persistent vegetative state. This document will include your preferences as to what types of procedures you would want if ever in such a condition.

The living will must be prepared and executed in a precise manner identified in Florida Statutes. Creating a living can be a great relief for family members, as they will not be charged with having to make this decision for you.

Designation of Health Care Surrogate – A designation of health care surrogate is a document that allows you to designate an individual to make medical decisions for you in the event that a physician determines that you are incapacitated. Many individuals wonder if they should a designate a health care surrogate if they have a living will, and the answer is yes. A health care surrogate can make medical decisions for you if you are only temporarily incapacitated, such as with being under general anesthesia. Such temporary incapacities would not be covered by a living will.