FAQs About Wills in New Port Richey
Last wills and testaments, more commonly simply referred to as ‘wills’ are legal documents that outline your wishes after you pass away. The main purpose of a will is to allow you to specify how you would like your property distributed upon your death, but you can also use them to name a personal representative for your estate, as well as a guardian for your children. While the concept of wills is fairly straightforward, people still have many questions surrounding them. Below, our New Port Richey wills lawyer answers those we most frequently hear.
Without a Will, Does the State Keep My Property?
Many people believe that if they pass away without a will, the state will keep their property. This is not true. There are only very rare cases when the state will keep the property within an estate. In most cases, assets within an estate are distributed to heirs according to the intestate laws in Florida. Surviving spouses and children receive property first, and then close living relatives. The state only keeps property if a person has no heirs when they pass away.
Do Wills Have to Be Notarized?
You are not legally required to notarize your will, but doing so can save a significant amount of effort and time. When you notarize your will, the notary will also sign a Self-Proving Affidavit, which supports the will and states that the document is valid and legitimate. If the Self Proving Affidavit is notarized, the court will accept it as is. If you do not have this supporting document, the witnesses who signed the will must testify to the validity of the will.
Do You Need to Leave a Small Amount to Someone You Want to Disinherit?
It seems counterintuitive that you must leave a small amount of property, such as one dollar, to a person in order to disinherit them, and this is because it is. You do not need to name someone in your will to make it clear that you do not want them to receive a significant amount of property. In fact, naming them in your will gives them an interest in your estate, making it easier for them to dispute your decision. There are other ways to properly disinherit someone and a New Port Richey wills lawyer can explain what those are.
Where Should I Keep My Original Will?
If your original will cannot be found, the court may determine that you never had one or that you wanted to destroy it. To avoid this, it is critical that you store the original document properly. A fire proof safe or safety deposit box are common places wills are stored. Wherever you choose to store your will, always make sure it is a safe place and inform your loved ones of its location.
Our Wills Lawyer in New Port Richey Can Answer Your Questions
When drafting an estate plan, you will likely have many questions. At Messina Law Group, P.A., our New Port Richey wills lawyer can answer them so you can confidently draft yours and ensure your wishes are respected. Call us today at (813) 492-7798 or fill out our online form to request a consultation and to get more information.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
