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What happens when someone dies
without a will?
In Florida, the state will determine who will receive your property and/or your dependent/minor children. Prior to any property distribution, however, the law requires certain outright payments of certain expenses, such as funeral expenses, medical expenses the deceased incurred just before death, unpaid federal taxes, etc.
I have been named as the personal representative in someone’s will. What do I have to do?
See “Probate” Section.
What is the difference between a will and a trust? Which one should I create?
A will is a document that contains your instructions for how your assets are to be distributed after you die. A trust, on the other hand, serves as a “testamentary substitute”; that is, a trust is a legal document that evidences legal title to property in trust for the beneficial owner. Making a decision about whether a will or a trust is the appropriate action for you depends on many factors, and an attorney should be consulted in order to effectively make this decision.
What is a living will? Should
I have one?
A living will is a document that an individual can create to provide instructions to the doctor and hospital should that individual be suffering from a terminal or end-stage condition. Generally, a living will tells the medical professionals not to use heroic measures to keep that individual alive, for whom there is no reasonable probability of recovery, if doing so would only artificially prolong the process of dying.
What is a power of attorney?
Do I need one?
A power of attorney is a document that authorizes one individual to act on behalf of another individual. Whether or not you need one depends upon your individual circumstances. It is suggested you consult an attorney to make this determination.
Do I need a will? Where should
I keep it?
Generally speaking, yes. If you own anything at all that you would like to go to someone else when you die, at the very least you should have a Last Will and Testament; otherwise, no. If you own nothing, but have a dependent/minor child, you should have a will in order to appoint someone to take care of your child if you die before that child attains the age of majority. If an attorney has prepared your will and is keeping the original for you, keep a copy in a safe place such as a safe deposit box or fire-proof safe in your home. Be certain that your Personal Representative and one other person know where you original will is located, and that they have the ability to physically access the will if necessary.
How can I contest a will?
The bases for contesting a will executed in Florida are duress, constraint, undue influence, and/or incapacity at the time of will execution. A will contest is an adversarial proceeding and requires the advice of a competent litigator since it is extremely difficult to prove since the testator is deceased.
