Florida Wills Attorney Helps You Plan Your Legacy

Sarasota lawyer drafts and revises a last will and testament

You worked hard for the wealth you’ve acquired, so you should decide where it ultimately goes. However, unless you have created a valid will, the State of Florida has the last word after you pass away. Failing to establish a proper estate plan means that you won’t be able to distribute your assets where you believe they can do the most good and where they can remind loved ones of the affection you hold for them. Fortunately, Teresa K. Bowman P.A., CELA (Certified Elder Law Attorney) can help. Working from offices in Sarasota and Osprey, I am an experienced Florida wills attorney who can help you draft an enforceable legal instrument that disperses your estate assets in the manner that you choose.

What is a last will and testament?

A last will and testament is a formal legal document that directs an executor to dispose of your property according to your instructions under the supervision of the probate court. 

When it’s time to create a will in Florida

Are you an adult who owns property? Then it’s time to create a will. No one can be sure of the future, and if tragedy strikes, your last will and testament will provide much-needed guidance for your loved ones during a period of grief.

If you have a will that was prepared several years ago, you might want to review its terms, especially if you have experienced one or more of the following significant life events in the meantime:

  • The birth of a child
  • Discovery that a potential heir has special needs
  • Marriage 
  • Divorce
  • Death of an heir
  • Acquisition of a major asset

My firm’s estate planning services include the review and revision of wills so that they reflect clients’ current priorities.

What happens if you pass away without a will in Florida?

Intestacy is the term used to describe the situation that arises when someone passes away without a valid will. If this occurs, the decedent’s property is distributed based on Florida law that prioritizes family members as follows:

  • The surviving spouse — If the decedent was in a valid marriage at the time of their death and had no children with anyone else, their spouse receives their entire estate. If the decedent has children from another relationship, the spouse receives 50 percent of the estate and the children from the other relationship divide the other half. 
  • Children — When someone who is not married dies, any biological or adopted children (not stepchildren) inherit equal portions of their estate. When the decedent is the parent of a son or daughter who has died after having had their own children, the share that would have been directed to the son or daughter is divided equally among their children. 
  • Parents — If the decedent left no spouse, children or grandchildren, the estate passes to the decedent’s parents.
  • Siblings — In the absence of other family members named above, the decedent’s siblings would divide the estate.

There are many ways in which the state’s intestacy rules might differ from your wishes regarding your estate. For example, your property might be divided equally among your siblings even if you are estranged from one and have close relationships with the other. If you were fond of a stepchild from your second marriage, that child would inherit nothing. A will allows you to tailor bequests to your circumstances. You can even use trust planning to place conditions on the assets you leave to beneficiaries

Contesting a will in Florida

It is not unusual for a disappointed heir to challenge the validity of a will in probate court. To avert potentially costly and emotional litigation, you should:

  • Finalize your will when there is no question of your soundness of mind
  • Observe all legal formalities in the execution of the will
  • Retain an experienced attorney who can draft the will using precise language 

It can also be helpful to give advanced notice to actual and potential heirs, so they don’t have false expectations about their upcoming inheritance.

Contact a Sarasota attorney to discuss your last will and testament 

Teresa K. Bowman, P.A., CELA in Sarasota and Osprey drafts, reviews and revises wills for Florida clients. To schedule an estate planning consultation, call 941-735-0811 or contact me online.