While often associated with long-married couples, estate planning can be equally if not more beneficial to couples who just started their marriage. In this way, newlyweds can dictate the terms of their incipient estate as it grows and not suffer the devastation that often accompanies legal surprises in the wake of an unexpected death. For example, one of the first things a newly married couple can do is to ensure Read More

The state of Florida has unusual laws affecting holographic wills. A holographic will, or a last will and testament that has been written out entirely by hand by the testator, may be considered equal to any other will and sent through probate normally, so long as it fulfills the other requirements of Florida law. Florida requires that a will be signed by the testator and two witnesses in order for it to be valid. Read More

Although people in Florida may have heard of a living will, they may be unsure of exactly what it is and whether it makes sense for them to have one. Living wills are effectively a person's directions of how they want to be treated in the event certain medical situations occur and they are no longer able to voice their decisions due to their incapacity. A living will can be an important part of the estate planning Read More

According to Florida statutes, a will is a legal document that designates the recipients, or beneficiaries, of an individual's assets. The individual who makes the will is known as the testator. All or part of a will may be declared invalid in the event that the will was created by way of undue influence, mistake, duress or fraud. If an individual were to suspect that a will is not valid for any of these reasons, Read More

To create a valid will in Florida, it must be signed by the testator or signed by someone authorized to do so by the testator. Additionally, the testator must be in the presence of that person when his or her name is signed at the end of the will. There must also be two witnesses who can confirm that the testator has signed the will or someone has legally subscribed the testator's name. These witnesses must also Read More

A Florida resident may want to reconsider an existing will if life circumstances change. Regular review of a will may be helpful for adjusting one's wishes if assets have increased or decreased. This can also be helpful if the potential beneficiaries have changed as in the case of a new spouse or a new baby. For example, an existing will in Florida is not cancelled due to marriage, but it is important to note that a Read More

Florida residents who are looking into estate planning may be interested in the the reasons for having a living will. This particular document can be very helpful should the person become permanently incapacitated through illness. A living will is an important part of every comprehensive estate plan. This document, which is not actually a will in the traditional sense, contains instructions regarding a person's Read More

What will happen to your kids if you die? Although this is an unpleasant thought, it is important to realize that documents designed to "give your children away" are a critical part of any set of estate planning documents. Determining the guardian you want for your children -- as well as the guardian of your estate -- can be an agonizing process, but it certainly is an essential decision. Too often, young families Read More

Your probate and estate situation can change at any minute. Imagine being diagnosed with Alzheimer's disease, for example. What happens if your Florida estate plan is not prepared with a power of attorney or health care proxy to help provide for your care? Experts say that a diagnosis of such a devastating illness -- especially one that is almost certain to affect cognitive function -- should be a cue to update your Read More

When you choose a person or an entity to serve as the executor of your will, you are trusting that your property will be divided according to your wishes. What happens, though, when you do not have children or any relatives who are willing to execute your Florida will? For some people, finding just the right person can take more effort during the estate planning process. During your estate planning process, you must Read More