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SERVING THE GREATER DAYTONA BEACH AREA
Fred B. Share Attorney At Law
Estate Planning

Wills

Wills are able to be written by our office for any Florida resident from across the state. If you have recently moved to the state or have assets here, you may need to update your will with the state of Florida. Many people make the mistake of leaving it to their family to take care of their asset distribution. Without a will, the State of Florida divides your assets in accordance with its interstate statutes. So who needs a will? You do! If you own property, have children, have been recently married or divorced, you should create or update your will.

Here is a list of things you can do with a will:

  • You decide who gets your property instead of the law making the choice for you.
  • You may name the personal representative (executor) of your will as you choose, provided the one named can qualify under Florida law. A personal representative is one who manages an estate, and it may be either an individual or a bank or trust company, subject to certain limitations.
  • A trust may be created in your will whereby the estate or a portion of the estate will be kept intact with income distributed to or accumulated for the benefit of members of the family or others. Minors can be cared for without the expense of proceedings for guardianship of property.
  • Real estate and other assets may be sold without court proceedings, if your will adequately authorizes it.
  • You may make gifts, effective at or after your death, to charity.
  • You decide who bears any tax burden, rather than the law making that decision.
  • A guardian may be named for minor children.

If you have moved to Florida from another state, it is wise to have your will reviewed by a Florida lawyer in order to be sure that it is properly executed according to the laws of Florida, that the witnesses are readily available to prove your will in Florida, and that your personal representative is qualified to serve in Florida.

No matter how perfect a will may be prepared for you, unless it is properly executed in strict compliance with the laws of Florida, the will may be entirely void. Be sure that you execute your will in the presence of your attorney, who knows exactly how and in what order the will should be signed.


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