Florida Will Lawyers
Helping with Crucial Parts of Any Estate Plan
For most people creating an estate plan, one of the first things they want to get in order is their last will and testament and/or a living will. Both of these estate planning tools can make everything much easier for your loved ones after you pass away or become incapacitated, and that really is the point of taking care of this now. Plus, it will help you find peace of mind once they are created. No longer will you have to worry about what the future could hold if you get your “house in order” today with a will.
The Dellutri Law Group, PA would be happy to tell you all about last wills – sometimes called testaments – and living wills, so you can decide the best course of action for you, your estate, and your family. We have offices throughout Florida and virtual consultations for client convenience.
You can find our will attorneys in:
- Fort Myers
- Port Charlotte
Learn more about wills and how to use them by calling (800) 391-4337.
What Does a Last Will Do?
A last will, will, or testament is used to provide instructions regarding your estate, finances, assets, and important relationships for your loved ones after you pass away. When people think of a will and imagine an estate planning lawyer reading someone’s final wishes to a room of family members, they are thinking of a last will.
Most wills address at least the following four topics:
- Executor assignment: You can begin your will by naming or designating an executor, who will be tasked with overseeing any financial obligations you leave behind when you pass away. If your estate plan and last will have been made well, then the executor’s duties should be simpler.
- Debt resolution: One of the first duties of an executor will be to interpret your last will and find out how to best resolve outstanding debts. Creditors and lenders often have priority when your finances and assets are dissolved.
- Asset distribution: After debts are resolved to the best of your named executor’s abilities, any remaining assets can be distributed to your loved ones. Your will should include instructions regarding what pieces of property should go to who. You can include reasons why if you want to help reduce the chances of the will being contested.
- Guardianship: If you have any minor children or adult dependents, then you should use your will to assign a guardian for them in case you pass away unexpectedly and they still require your day-to-day care.
In some legal contexts, you might hear of a last will and a testament separately. Although the terms are interchangeable most of the time, a will is usually used to create guidelines regarding guardianships, executors, debts, and real estate while a testament is more aligned to personal property and asset distribution to beneficiaries. For the purposes of your estate plan, though, wills and testaments will probably share a complete overlap.
Do All Wills Go to Probate?
Probate is a court process to determine the validity of a will and then interpret its instructions. For many people, probate just feels like a roadblock between them and the resolution of their loved one’s estate and wishes, so they want to avoid it more often than not. With careful preparation of your estate using various legal tools, like certain trusts and financial accounts, you can help reduce the chances that your will must go through probate. If your will cannot avoid probate, then you can, with the help of our will attorneys, look for ways to at least expedite the probate process.
What Does a Living Will Do?
A living will is an estate planning tool that lets you describe what your loved ones should do regarding your medical care and palliative care if you become too incapacitated to make those decisions for yourself. As the name implies, a living will handles such affairs while you are still alive, which separates it from a last will that only comes into effect once you pass away. Deciding what to include in a living will can be much more difficult than a last will because you have to sit down and think about what you would like done to make your life more comfortable when advanced age, terminal illness, or chronic injury has left you unable to care for yourself. We recommend you take some time to discuss your options with an experienced Florida living will attorney from The Dellutri Law Group, PA.
A few topics that are often included in living wills are:
- Lifesaving measures, if any, to follow in medical emergencies
- Medications to use to make your final days or weeks more comfortable
- Where you would like to live if taken to an assisted living center
- Organ donations and transplants
Future Planning Made with You in Mind
Our Florida will lawyers are here to help you create a last will and living will as parts of a comprehensive estate plan that reflects your wishes and interests. With our guidance and decades of legal experience leading the way, you can be confident that your estate plan will be well made and make things easier for your and your loved ones, just as it should. We can’t get started on your wills without you, though, so please contact our firm today to learn more about our services and your estate planning options.
We love hearing from clients throughout Florida. Call (800) 391-4337 now to set up a consultation to discuss an estate plan.
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