Dying Without A Will: You Must Avoid It

No one needs to make a will. Not legally, that is; you can live a long life and never make any sort of will. But, even though this is true, you should make a will.

Going over why you should make a will and the problems that come from dying without a will, while speaking with an estate planning lawyer, will ensure that your beneficiaries receive the assets you wish to give them.

What Does It Mean To Die Without A Will? 

A will is a legal document that goes over what you want to do with your assets. Your beneficiaries will receive the assets you wish to give them, as per the instructions in your will.

Just as an example, if you have a computer that you want to give your daughter, you can put this in your will. And, when you do so, your daughter will get that computer, after you pass away.

If you die without a will, you won’t have any wishes to grant. This means that your beneficiaries won’t have any idea of what you wished to give them, which makes it harder for them to receive any assets.

What Happens If You Die Without A Will? 

Dying without a will forces your assets to go through probate. This can – and often does – happen, even if you have a will. But, if you don’t have a will, the process takes much longer.

The reason why probate takes a lot longer, when you don’t have a will, is because your assets need to be divided by the court. This means that the court will choose which of your beneficiaries gets the items that comprise your estate.

Your beneficiaries may not receive the items you wish to give them, since you don’t have a will clarifying these wishes. Instead, those items will be divided, as per the state of Florida’s intestacy laws.

On top of that, your overall estate planning wishes – giving certain items to a particular charity, for example – will not be honored, either. This is because there is no legal document clarifying these wishes. 

What Should You Do? 

You must develop a will. And, this will must be legally sound: it must align with the state of Florida’s laws and, in doing so, be capable of being used to grant your wishes.

To develop a will that the court can use, you must work with a lawyer who knows how to draft a will of that sort. If you draft a will on your own, there’s a chance the court will have to throw it out.

Even though developing a will is essential, you may want to think about developing a trust. A trust can bypass probate, which means your beneficiaries will get their assets immediately, instead of waiting for probate to end. 

Speak With A Florida Estate Planning Lawyer Today 

If you would like to develop a satisfactory estate plan, you must work with a lawyer that can help you. Speak with a Florida estate planning lawyer at Millhorn Elder Law Planning Group today and we will help you develop the estate plan that is right for you. 

Sources: 

law.cornell.edu/wex/will

law.cornell.edu/wex/probate