• Any property owned jointly with another person or
persons with the right of survivorship (for example,
a tenancy by the entireties, which is limited to joint
ownership between a husband and wife, would be a
property that automatically passes to the joint owner).
You may not disinherit your spouse without a properly
executed marital agreement. The law gives a surviving
spouse a choice to take either the share provided under
the will or a portion of your property determined under
Florida’s “elective share” statute. Also, if your will was
made before the marriage and the will does not either
provide for your spouse or show your intention not to
provide for your spouse, then your spouse would receive
the same share of your estate as if you had died without
a will (at least one-half of your estate), unless provision
for the spouse was made or waived in a marital
agreement.
Life insurance is not a substitute for a will. Life insurance
is only one kind of property that you may own, and a
will is necessary to dispose of other assets that you own
at death.
A trust is not a substitute for a will in most cases. A trust
may be used in addition to a will. This is because a trust
can handle only the property that has been put into
it. Any property of yours that is not placed in the trust
either during life or at death in most instances escapes
the control of the trust. It is the will that controls all
property in your name at the time of death if the will is
drafted properly.
Who should prepare a will? The drafting of a will
involves making decisions that require professional
judgment that can be obtained only by years of training,
experience and study. Only the practicing lawyer can
avoid the innumerable pitfalls and advise the course
best suited for your individual situation. In addition,
an experienced attorney will be able to coordinate the
use of other skilled professionals, such as an investment
adviser, actuary, insurance specialist and tax accountant,
to complete a proper estate plan.
Moreover, there is no such thing as a “simple will.” Even
smaller estates can have complexities foreseeable only
by the experienced attorney.
The following additional documents should be
considered for signing when you make your will:
• Living will: Florida statutes now provide for a written
declaration by an individual specifying directions as to
use of life-prolonging procedures.
• Power of attorney: This document can assist in
handling your property if you become incapacitated,
without having to open a guardianship proceeding in
court. This is especially valuable for paying your bills
and protecting your assets. A power of attorney is no
longer valid or enforceable after your death.
• Health care surrogate: Florida law now allows you
to designate a person to make health care decisions
for you when you may not be able to do so. Included
in this important appointment is the power to decide
when to withdraw medical procedures.
• Pre-need guardian designation: Florida law allows
you to designate a person who could be appointed
guardian over you should you become incapacitated
and/or over your children should you become
incapacitated or upon your death. If you fail to
designate a guardian, the court will do so for you if it
becomes necessary.
THERE FOR YOU WHEN
YOU NEED US THE MOST.
With you every step of the way.
Marc E. Dwyer, Attorney at Chiumento Dwyer Hertel Grant
& Kistemaker, P.L., specializes in Family & Marital Law, which
includes adoptions, divorce, paternity, support, child custody,
name change and modifications of support and was recently
awarded 10 Best Family Law Firms from the American Institute
of Family Law Attorneys.
Areas of practice also include Juvenile Defense, Bankruptcy
and Dependency.
Let us fight for you. CONTACT MARC TODAY
www.legalteamforlife.com AT 386-445-8900 EXT. 115