Does a Will Increase Probate Expenses?

A will frequently reduces expenses.No. If there is property to be administered or taxes to be paid or both, the existence of a will does not increase probate expenses. A will frequently reduces expenses. If there is real or personal property to be transferred at your death, the probate court will have jurisdiction to ensure that it is transferred properly, either according to your will, or, if there is no will, in accordance with the inheritance statute. Thus, even if you haveA will frequently reduces probate expenses. no will, your heirs must go to court to administer your estate, obtain an order determining your legal heirs, or obtain a determination that administration is unnecessary. These procedures are often more expensive than administering your will, since a properly drawn will names the beneficiaries and delineates procedures to simplify the administration process.

For help or answers to will and estate related questions, you can contact BaskinFleece at 727.572.4545.

 

Some of the content of this information is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.

A Person May Not Disinherit Their Spouse Without a Properly Executed Marital Agreement

The will and spouse rightsThe law gives a surviving spouse a choice to take either his or her share under the will or a portion of the decedent’s property determined under Florida’s “elective share” statute. This statute uses a formula to compute the size of the surviving spouse’s elective share, which includes amounts stemming from the decedent’s jointly held and trust property, life insurance, and other non-probate assets. Because this formula is very complicated, it is usually necessary to refer this matter to an attorney with extensive experience in this area of law. Also, if your will was made before the marriage and the will does not either provide for the spouse or show your intention not to provide for him or her, 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. For help or answers to will and estate related questions, you can contact BaskinFleece at 727.572.4545.

Most of the content of this information is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.

6 Technicalities that Could Make Your Will Invalid

A Will is a written document controlling the disposition of estate assets and cash at death. The laws of each state set the formal requirements for a wIll to be a legal will. Here are the laws in Florida regarding an official and valid will:
proper will and estate legalities

Make sure your will is witnessed and notarized

1. The maker of the will (called the testator), must be at least 18 years old.

2. The testator must be of sound mind at the time they sign the will.

3. The will must be written to be an official document.

4. Important: The will must bewitnessed and notarized in the special manner provided by law for wills.

5. It is necessary to follow exactly the formalities required for the execution of a will.

6. To be effective, the will must be proved in, and allowed by, the probate court.

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The Signing of a WillNo will becomes final until the death of the testator, and it may be changed or added to by the testator by drawing a new will or by a “codicil,” which is simply an addition or amendment executed with the same formalities of a will. A will’s terms cannot be changed by writing something in or crossing something out after the will is executed. In fact, writing on the will after its execution may invalidate part of the will or all of it.

 

Some of the content of this information is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.