Probate and Wills Questions
Cape Coral, Lee County and all of Southwest Florida
What is probate?
Probate is the interpretation, administration, and resolution of a will or an estate after a person has died.
Who should make a will?
Every person over the age of eighteen should make a will. A will gives you control over who will inherit your property and possessions when you die. Because nobody knows when they will die, it is important that you safeguard your property and family by insuring that your personal belongings will be divided according to your wishes in the case of unexpected death. A will also allows you to name a personal representative; this is a person you designate to administer your estate.
Do I need to own a house or have children to make a will?
Even if you rent your home and have no children, you should make a will. Particularly if you are single, the law in Florida may not divide your property as you would like. In the instance of no will and no spouse or descendants, the property of the deceased will go to living parents or siblings after taxes and debt are paid.
Why should I have a will?
A will is simply a way to insure that your belongings are divided or donated as you wish them to be after your death. Particularly if you have belongings of intrinsic or sentimental value which you would like to go to particular relatives or friends, the best way to insure they will be given to the correct people is through a will. A will gives you a say in how you want your belongings distributed and names the person to be in charge of administering your estate. You may have minor children. If so, you need a will to name guardians for your children in the event you pass away before they reach the age of 18. Many people also include their funerary preferences and personal letters with their will, enabling them to determine their own resting place or to give final words of advice or encouragement to their loved ones.
What will happen to my property if I do not have a will?
If you do not have a will, Florida probate law provides for your belongings to be divided in certain ways among your:
- Spouse
- Children
- Parents
- Siblings
However, Florida state law will divide your possessions equally among the eligible parties, not taking into account items of special sentimental value.
Why should I ask an attorney to help me create a will?
An attorney’s job is to ensure that your will is legal and binding. The attorney may ask questions and discuss issues with you that you hadn’t thought about. Death is often a distressing time for friends and relatives, it is not uncommon for interested parties to dispute the execution of a will. Because probate law subjects a will to interpretation, it is important that your will be clearly worded and legally sound.
If you would like to create a will, or if you have questions about your will or probate law and are in Cape Coral, Lee County or any of Southwest, Florida, please contact Lusk, Drasites, Tolisano & Smith, P.A. today.
