How to Create a Will in Five Steps
Of all the estate planning documents you could draft, a will is one of the most important. In fact, wills form the foundation of many estate plans. After you pass away, your will outlines how you want your property distributed, who will act as guardian for your minor children, and who you appoint as personal representative. Your will can only bring these benefits, though, if it is executed properly. Below, our Tampa wills lawyer outlines how to create a will in five easy steps.
Choose Your Personal Representative
One of the first steps during the probate process is to appoint a personal representative. Your personal representative has many important duties. They will have to inventory and value your property, respond to creditor claims, distribute property to your beneficiaries, and more. If you do not appoint a personal representative in your will, the probate court will appoint one. The choice of the court may not align with your preferences.
Inventory All of Your Property
The next step is to create an inventory of all of your property. This includes property that is subject to probate, such as your home or vehicle, as well as property that is not, such as a life insurance policy. Also make sure that you account for your liabilities, including your credit card debt, mortgage, and loans. Creditors may be able to file a claim against your estate if you pass away before repaying debt.
Designate Beneficiaries
One of the biggest benefits of writing a will is that it allows you to name the beneficiaries you want to receive your property after your death. You can also designate a certain portion of your estate to each. Without doing this, the probate court will determine how your property is distributed according to Florida’s intestacy laws. Like with your personal representative, the rightful heirs under the law may not align with your preferences.
Discuss Your Will with Those Affected by It
Having an open and honest conversation with your loved ones regarding the wishes outlined in your will is an important step. Although these conversations may be awkward and are not legally binding, they can help prevent legal disputes and unnecessary delays in the future.
Keep Your Will in a Safe Place
It is critical to store your will in a safe place. A fireproof box in your home is a good option. Some lawyers will also keep copies of their client’s will. Wherever you decide to store your will, make sure it is secure and that you tell your loved ones where to find it after you pass away.
Our Wills Lawyer in Tampa Can Execute Your Will Properly
At Messina Law Group, P.A., our Tampa wills lawyer can ensure that your will is drafted and executed properly so it offers the protection you and your family need, today and in the future. Call us now at (813) 492-7798 or fill out our online form to request a consultation with our experienced attorney and to learn more about how we can help with your case.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
