When creating a Last Will and Testament in Florida, there are a few specific things you need to know. The first is that Florida is a "community property" state. This means that any assets or debts acquired during a marriage are considered to be community property and are to be divided equally between the spouses in the event of a divorce. There are some exceptions to this rule, such as if the asset or debt was acquired by one spouse prior to the marriage or if it was acquired as a gift or inheritance to only one spouse. Another important consideration when creating a Last Will and Testament in Florida is the fact that the state has a "slayer statute". This means that if a person is convicted of murder or manslaughter of the person who was named in their will, the will is automatically revoked. There are also a few specific formal requirements that must be met in order for a Last Will and Testament to be valid in Florida. The will must be in writing and must be signed by the person making the will (known as the "testator"). The signature must also be witnessed by two adult individuals who are not beneficiaries of the will. If these formal requirements are met, a Last Will and Testament will be valid in Florida and will be used to direct the distribution of the testator's assets after their death.
Florida Last Will Facts
Florida particulars are there to guarantee that writing your last will is an official and painless operation. Thus, you’re promised that your form is rightful. When drafting a final will and testament, what Florida statutes should you stick to? The first requirement is that Florida's last will and testament should be created freely. In case of suggestions of pressure in the procedure, the testament can be debated and presented as nonbinding. Additionally, the sanity of the testator must not be in question. If you are immensely distraught or impaired by drugs, you mustn’t devise your testament. To add to that, the testator must have a perception of their act. This signifies that the testator should be committed to the action. Such a resolution is generally mentioned at the onset of the last will. Following are other vital features required when formulating a Florida will:
Types of will allowed - self-proving wills (732.503 Self-proof of will); handwritten wills (if witnessed properly; 732.502 Execution of wills).
Types of will not allowed - oral and holographic wills (732.502 Execution of wills).
What If I Die Without a Will in Florida?
Not considering the impact of a testament, folks turn a deaf ear to the concept and take their last breath without one. Passing on without a last will is known as “intestate”. When someone passes on minus a last will, their assets are inherited according to the intestacy conditions of their particular state. An estate steward is chosen by the local probate court which handles the inheritance. Actually, the dead individual’s possessions sharing depends on regardless of whether they are married or not, and their inheritors.
As a married person who dies intestate in Florida, which doesn’t rank as a community property state, the surviving mate gets all the intestate belongings. Subsequently, the present companion becomes the owner of the entire intestate effects. This is valid if your union had children. Assuming you got kids but the partner is deceased? Then the property goes to the offspring. Where children are nonexistent and mate, your parents inherit you. Where the mother and father, partner, or heirs are nonexistent, siblings, nephews, and nieces become the new owners of the assets. Lastly, the aunts, uncles, grandmothers and grandfathers, and other kinsmen are considered.
In circumstances where there is no individual to stake a claim to the valuables (including children, spouses, and relatives), they are taken over by the state.
What Should My Will Include?
After being informed of the advantages and requirements of Florida's final wills and testaments, we should reflect upon the main factors of the last will and testament. As the testator, the aspects outlined here should be in the will:
Testator’s Details
But in case you utilize the Florida last will template, the intent is pre- cited therein. Keep in mind to state whether you are attached or not, plus the number of heirs.
Beneficiaries Information
Incorporated in the crucial aspects of preparing your will is mentioning the successors in addition to what they will get. Include recognized names, addresses, and the share of each recipient.
Appointment of Executor
Rest assured that you choose who’ll look after your properties. This individual is also called a personal representative and their role is to ensure the last will is adhered to strictly. Granted the crucial role of the caretaker, a trusted individual should have this position. Only that they cannot be among the heirs.
Appointment of Guardians
In case you have old parents, pets, or offspring, designating a trustee is a wise move. The guardian will look after their interests. You can select a replacement custodian for when the earlier one is indisposed.
Witnesses
The personal information and contacts of the witnesses are required. Verify that the names and dwelling place are there.
Execution Details
The final will and testament should mention the day and location. You and the witnesses must sign on the date.
Other Details
Among other matters that a Florida final will and testament can mention are interment instructions, chosen digital executor, and any testator dictates. Essentially, writing a valid last will and testament is an admirable way to ensure your inheritance is shared as per your wishes.
