The administration of an estate, which includes the execution of the will, occurs upon the death of the person named in the documents. It can be a very lengthy and stressful process for the surviving family members, especially if the decedent did not outline everything about their assets. Today, let's take a look at what happens with a will after death in Florida.
It takes a lot of time and plenty of discussions to plan your estate. One of the most difficult aspects of the planning phase is picking someone to be your power of attorney. But, what if you are ever on the other side of this? What if you are asked to be a power of attorney for someone you know and love? It might be hard for you to say yes to this request. Here's what to expect in Florida if this request comes across your desk.
The power of attorney is one of the most important duties a person can be tasked with in life. If you are chosen as someone's power of attorney, you are given quite a bit of power, for lack of a better word. Your responsibilities are very important. Today, we will discuss the duties of a power of attorney in Fort Myers, Florida, so you know what to expect when chosen for this job.
Creating a will is an essential component of any estate plan, and it may offer important guidance to your beneficiaries and heirs when you pass away or become incapacitated. However, simply creating a will is often not enough to ensure that your wishes will be honored without challenges from interested parties or the legal system itself. A number of complications may arise if you do not take care when drafting your last will.
There are many reasons why you might alter your will, such as a significant life event, a change in your wishes for your estate or beneficiaries, or changes in the laws that govern taxation and estate planning.
There are many ways to write protections of your rights and preferences into your will, depending on your needs and the difficulties you anticipate those who survive you may face. In some cases, it is likely that one or more parties may challenge a will and greatly complicate the execution of your wishes. In these instances and others, it is wise to consider using "no-contest" clauses in your will as an extra form of protection for your wishes.
Many people assume that a will is like a rotisserie oven. They want to just set it and forget it. While it is true that having an outdated will is generally better than having no will in place at all, an outdated will can still cause many issues for a person's family and beneficiaries. Most estate planning professionals agree that all adults should review and potentially update a will roughly every five years.
For many individuals living out their golden years here in Florida, leaving an estate to their family or loved ones is not as simple as one might hope. Sometimes, the individuals who stand to receive generously from an estate are either not old enough or not mature enough to handle the assets at the time of the benefactor's death. In these cases, a testamentary trust built into a will may prove useful.
When you create your will, you must take care to only include provisions that will stand up to scrutiny in court. Many people erroneously believe that once they write something in their will, it is something that their survivors must abide by. In reality, illegal provisions are included in wills regularly, making executing these wills difficult, if not impossible.
As the executor of an estate, you may face many difficult decisions, especially when the estate you represent is particularly complex. In a best-case-scenario, serving as an executor is something that you can do with pride and know that you're serving the needs of the estate you represent. However, if matters become complicated, as they often do, you may benefit from experienced legal guidance.