It is highly important that Florida residents have a last will and testament. This is due to the fact that, like in other states, individuals assets will be distributed in a predetermined order if one is to pass away without a will. This order is set by the state and it does not matter if such a distribution would be inconsistent with the last wishes of the deceased. Furthermore, not having a will can lead to disagreements and fighting between surviving family members. Retaining an attorney to draft a last will and testament is one of the best steps towards preventing these problems. Lindsey Gardner Shneyder is a Melbourne estate planning lawyer who assists with such situations. Contact us online or by telephone for an initial appointment.
Melbourne lawyer helping Florida residents to plan their affairs through the drafting of a will
A last will and testament is a legal document which dictates how one’s assets are to be distributed upon their death. It will also typically designate the individual (known as the “executor”) who will be responsible for overseeing the handling of the estate. Certain assets, such as bank accounts, investment accounts, and certain real estate, may pass automatically without the need for a will or probate. All other assets, however, will be divided in accordance with the will. If no final will is in place, then the individual will be considered as having died “intestate,” and their assets will be divided in an order predetermined by the state of Florida.
The first step in preparing a will is to identify all the potential assets and debts which the individual currently has. Counsel will then work with the person making the will (the “Testator”) to determine how all affairs are to be settled and how assets are to be distributed. This will include making sure that the testator understands all the possible ramifications of such decisions and exploring other possible options if necessary. The attorney will then prepare the document and ensure that it is executed in accordance with Florida law. This includes following appropriate form and ensuring that the document has the requisite number of witnesses at signing. When drafting such a document, your attorney will work to ensure that there are no issues which could lead to disputes during a probate.
Lindsey is a Melbourne lawyer who assists Florida residents with preparing a last will and testament. Lindsey will use your initial consultation to gain an understanding of your complete situation and to walk you through all of your options. Once all assets, debts, and heirs have been identified then she will draft your final will so that it is in accordance with your wishes. This includes avoiding ambiguities (such as poorly described property) which could lead to eventual disputes. Lindsey will stay in contact with you after the document has been generated so that it can be kept up to date as circumstances change. We understand that these are important decisions to make. Our firm will provide the highest level of service throughout this process.
Lawyer helping Florida residents with estate planning issues beyond a will
There are several steps which can be taken to make the future as easy as possible on your loved ones. As discussed above, having a last will and testament is one of the most important of these steps. It is also important to ensure that beneficiaries are properly named on assets which pass outside of probate (such as bank accounts), and that assets such as real estate are titled correctly. Lindsey will help with each of these issues and will determine if a living trust, which can help your family to avoid probate, may be in your best interest. We are honored to serve the local community and we look forward to being of assistance.
In addition to Melbourne our firm also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.