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M. Andrews WILLS The will directs the distribution of individually held assets to heirs and beneficiaries of one's choice. The will also appoints the individual or corporate trust company to administer the affairs of the estate. If you have minor children, your will should name a guardian for your children. If an individual dies without a will then the Florida Statutes direct how the assets are to be distributed and in broad terms the assets get distributed among the spouse and living children and, if none, then parents and lineal descendants of parents. You can control the distribution of assets with a will but without a will the State controls the distribution. A will must be executed with specific formality or it is not valid. The execution of a will should be based upon the advice of an experienced attorney. I cannot recommend that one do his/her own will. There are many will forms in business stores, books, and on the web. There generally is nothing wrong with the forms but serious errors can be made by what is written on the forms. The language of the law has been developed over centuries and the wrong use of words can be a tragic and expensive mistake. A will should be written only by an experienced attorney.
CAVEAT: The above is the author's summary. None of these matters should be undertaken without advice and counsel of an experienced attorney licensed to practice law in the State of Florida. |