The death of a loved one can be emotionally devastating for a family. The situation can be made even worse if that loved one does not have a last will and testament (a.k.a. a will). Without this legal document, the family may suffer through extra expenses, delays, and unpredictable outcomes that may not be aligned with the wishes of the deceased. The following post will discuss the important decisions you need to make when writing a will and will explain why it is important to seek help from an experienced lawyer, such as Arturo R. Alfonso, P.A. in Miami, FL.
Writing A Will
The primary purpose of a will is to communicate to the Probate Court who you wish your financial assets to be transferred to upon death, and who will become guardians of any minor children you have. Note that a will does not allow your family to bypass a Probate Court; it just makes life easier as your family goes through the probate process.
The Key Decisions To Make
First, you need to designate a personal representative to administer your estate. This will be the person that will make your final arrangements and complete the Probate Court paperwork. Before you prepare your will, we suggest you make this person aware of this future duty and make sure they are willing and able to accept it. If you are worried that your designated personal representative will crack under the pressure, then it is best to have a lawyer serve as personal representative of your estate.
Next, where do you want your money to go after death? To your children, to your favorite non-profit, to your dog Rusty? Do you want each party to get an equal share, or do you want to kick a little extra to your favorite? Dividing cash can be fairly straightforward, but how are you going to divide physical assets like houses and cars? Individuals with assets not only need a will, but they also need estate planning, which requires the help of a lawyer.
If you have minor children, who will become their guardians after your death? We suggest you discuss this over with the future guardians as this is not a duty you want to surprise them with. Does the guardian need some of your assets to help take care of your children? Making sure money is available to your minor children, without the risk of theft and fraud, is another aspect of estate planning that a lawyer can assist you with.
Hire a Lawyer To Do It Right
Many folks believe preparing a will is as simple as downloading some forms off the internet and checking some boxes. This is not how to write a will, because a poorly prepared will can be just as bad as not having a will at all. As explained above, preparing a will properly can also require estate planning, and you need an experienced lawyer to help you.
The Estate laws and Probate Court procedures in Florida are complicated. When it comes to writing a will, it is well worth the extra money to have a qualified lawyer, such as Arturo R. Alfonso, P.A. in Miami, FL, complete the process for you. After all, Arturo Alfonso has gone through the Probate Court in Florida many times over his 25-year legal career. Arturo Alfonso’s experience can make this easy for you and your loved ones, so give him a call today.