Things To Consider When Writing A Will

A Last Will and Testament is one of the most important ways an individual can protect their loved ones and their legacy. However, not everyone is aware of all the elements that should be considered in the preparation of a this document, also known as a Will. An estate planning lawyer from Fleurinord Law, PLLC can explain important factors to consider when writing your Will and help you create a solid plan that carries out your wishes. Consider contacting us today for a confidential consultation by calling us at (888) 904-2297.

You Need Legal Capacity To Attest a Will 

Some people simply wait too long to make a Will, waiting to experience a serious medical crisis before executing one. The Florida Probate Code requires you to be of “sound mind” and not a minor to legally attest a Will. Therefore, if you wait until you have a serious medical condition that impairs your judgment or memory, you may not have the legal capacity to attest a valid Will. 

When a Will is susceptible to challenge, interested parties could contest the document’s validity, potentially draining the funds from the estate with legal fees. Being proactive and attesting a Will well before any medical issues arise may help an individual to safeguard their rights.

Wills Do Not Go Into Effect Until After Death 

When writing a Will, remember this legal document does not have any effect until after your death. Additionally, there will be a necessary delay between the time of a testator’s death and the probating of their Will. As a result, this document cannot be relied upon to convey an individual’s wishes for medical care or funeral arrangements. Instead, a Will can be used in combination with other estate planning documents to address these needs and communicate preferences for end-of-life arrangements. 

Wills Are Public Record

After a person dies, the executor they named in their Will files a petition in the probate court in the county where the testator resided before their death. The Will is submitted to the probate court and becomes a matter of public record. Family members, friends, or even complete strangers can then read the contents of the Will. Keeping this eventual entry into the public record in mind may influence the language an individual chooses to use in their Will, especially if the testator has reason to suspect that friends or family members may be surprised by some of the Will’s provisions. An estate planning lawyer can discuss with you whether it is preferable to write a separate letter to your loved ones explaining certain decisions. 

Language and Procedures Matter When Writing a Will 

Wills are legal documents. An individual must carefully follow specific procedures when attesting a Will, as described under the Florida Probate Code or the Texas Estates Code. Failing to follow these formalities can render the Will invalid, in which case the laws of intestate succession (the state’s default rules for distributing the property of someone who dies without a Will) apply. 

The terminology used in a Will is also important. Certain terms have special legal meanings, such as per stirpes or per capita. Even seemingly obvious terms like children can mean different things under the laws of different states. If someone wishes to disinherit one of their children, the Will must use certain language that makes this clear. An experienced estate planning lawyer from Fleurinord Law, PLLC can discuss your wishes and explain your options. 

Some Property Does Not Pass Through a Will 

Some people think that they have left all of their property to the beneficiaries they name in a Will and forget that they might have designated some property to others. A primary way of leaving property to someone else is by naming them on a beneficiary designation form. The Florida Uniform Transfer-On-Death Security Registration Act permits security owners to pass their securities through a beneficiary designation. On the other hand, assets co-owned as joint tenants with the right of survivorship will pass automatically to the surviving co-owner or co-owners. 

The property an individual disposes through these designations passes outside their Will. Therefore, even if a testator named certain people to receive these assets in their Will, such a provision would have no legal effect. Careful estate planning is necessary to ensure your intended beneficiaries receive the property you want them to receive. 

Why You Need a Plan

If an individual dies without an estate plan, the state has a plan for them. This may be a plan they would not have liked and to which they would not have agreed, given the choice. A carefully crafted estate plan can help to prevent this unfortunate outcome. 

Questions To Ask When Preparing a Last Will and Testament

One way to think about estate planning is to consider it as a means of anticipating questions loved ones are likely to have after your death, asking yourself those questions in the present, and documenting the answers so that they will be ready for loved ones to reference when needed. 

Some questions an individual might want to ask themselves in preparing a Last Will and Testament include:

• Who will serve as your executor or personal representative?
• Who should care for your children if they are minors when you die? Should the same person manage the property you leave to them, or should someone else?
• Whom do you want to receive your property?
• Do you have items of special sentimental value you want to designate to particular people?
• What other estate plans have you put in place and how do they affect your Will?
• Do you want your beneficiaries to receive the value of your property, or do you prefer they not sell it?
• Do you need a Trust?
• What digital assets do you have? What do you want to happen to them after your passing?

Answering these questions can help individuals to develop effective estate plans that accurately reflect their wishes.

You May Need To Update Your Will 

Wills are not a one-and-done prospect. They are intended to be updated periodically as one’s life changes. Certain life events may require a reconsideration of a previously sound estate plan, such as:

• Getting married or divorce
• Having or adopting a child
• The death of a beneficiary or the person named as executor in the Will
• Sale or acquisition of valuable property
• Changes in the testator’s relationship with a beneficiary or executor
• Moving of domicile to a new state

Because life is constantly in motion, it can be a good idea to review your estate plan every few years to make updates that reflect your current wishes.

An Estate Planning Lawyer Can Help

While writing a Will, there are many things to consider. A knowledgeable estate planning lawyer from Fleurinord Law, PLLC can explain the options that are available to you and help you devise a plan that reflects wishes. A lawyer can prepare a Last Will and Testament and other estate planning documents that position those wishes to be carried out as efficiently as possible. If you are a resident of Texas or Florida and need assistance with a Will or other elements of your estate plan, contact our offices today at (888) 904-2297.