Estate Planning Overview

Estate Planning Overview

It is never too early to start arranging your final health care and property wishes. By utilizing the correct estate planning tools you can be sure that your friends and family honor your final wishes and are accommodated for after your passing. At Winston Law, P.A. we can help you to create estate planning documents, including Last Will and Testament, Durable Power of Attorney, Living Trusts, Trusts, Health Care Surrogate and Living Wills.

What is a will?

Also referred to as a Last Will and Testament, a will is an legal document regulating the distribution of property after passing. Each state has specific guidelines and requirements when preparing a will. In Florida, you must be at least 18 year of age or older to create a will, you must be of sound mind when signing the will, and your will has to be written, witnessed and notarized. A will is not seen as final until the death of the testator (individual who makes a will). It can be revised with a codicil (change or addition) or renounced and another one may be made. A will is not allowed to be modified by writing on it or crossing out words, after it is executed.

What happens in Florida if I die without a will?

In the state of Florida, dying without a will is called dying intestate. If an individual passes away without having a legally executed will, Florida laws of inheritance will gain control in the following ways:

  • Your living spouse will obtain the whole estate if there are no children or grandchildren living (lineal descendants).
  • In the event that there are living children and grandchildren, your husband or wife will get half the estate and the other half will be given to the lineal descendants.
  • In the event that your spouse does not survive you, your lineal descendants will divide the estate.
  • In the event that you have no surviving husband or wife or lineal descendants, the estate will be given to your parents.
  • In the event that you have no surviving parents, husband or wife, or lineal descendants the estate will be given to your siblings or their lineal descendants.

Florida inheritance laws do not make appropriations for friends, unmarried domestic partners, or charities.

Do I need any other important estate planning documents?

Living Will

A Living Will determines the kind of life sparing measures you would or would not like in the event that you are in a vegetative state or have a terminal condition. A Living Will is required to be in accord with Florida Statute 765.03.

Designation of Healthcare Surrogate

A Health Care Power of Attorney allows you to designate an individual to make choices on health care decisions for you provided that you come to be permanently or temporarily debilitated and unable to decide on your own. This document should also permit your designated individual to gain confidential medical records they would otherwise not be able to have under Federal HIPPA laws.

Durable Power of Attorney

A durable power of attorney designates another individual to make business, legal and financial choices for you in the event that you are debilitated or unable to act on the behalf of yourself. This document will eliminate the need for the court to delegate a guardian to handle your affairs if you come to be forever or briefly debilitated.

If you or a loved one are considering drafting estate planning tools or you would like additional information, please contact Winston Law, P.A. at (561) 670-9375 or susan@winstonlawpa.com for your free consultation.