Question: Do I need a will?
Answer: Without a last will and testament, you are relinquishing control over how your assets will be distributed and giving that power to the state of Florida. A will is a legal document providing a set of instructions to the court regarding how your real property and personal property should be distributed. A valid will, thoughtfully prepared by you with the advice of wise counsel, minimizes family conflict over your estate because the will clearly states your wishes.
Question: Do I need an attorney to write my will?
Answer: The laws relating to estate planning and wills are complex. Florida, like every other state, has its own set of rules on how a will should be drafted and signed. If a will is not written correctly and executed properly, it may not be admitted to probate. An experienced attorney from Gierach and Gierach, P.A. can help you draft a valid will that truly expresses your wishes and satisfies all formation requirements.
Question: What is probate?
Answer: Probate is the legal process of the administration of your estate after your death. A will must be submitted to probate court to be executed upon the testator's death. A probate judge examines the will for flaws and decides whether or not it satisfies the requirements of a proper last will and testament under Florida law.