PROBATE, WILLS & TRUSTS

Who needs a will? The simple answer is, everyone over the age of eighteen, if he or she wants to control what happens to their property and family after they die. If you do not have a will, your assets and your property will be distributed according to laws that may or may not distribute your property according to your wishes.

Parents with minor children must have wills to advise the court as to who should raise their children if both parents die before the children become adults. Parents also need wills to identify the individuals who will manage the money set aside to support the children while they are minors.

Certain trusts are available to control how and when beneficiaries, including children, receive their inheritance. Without a will, the court must distribute all funds to a child at age eighteen. Since most individuals do not possess the necessary maturity at age eighteen to manage large sums of money, the results can be disastrous without a will and a trust.

Finally, individuals with substantial assets, including life insurance, need legal advice and proper estate planning to ensure that their assets are not unnecessarily taxed. One of the highest levels of tax in the United States is estate tax. With tax considerations in mind, an individual can minimize their tax liability and control how and when their assets are distributed. However, without proper estate planning, this personal, individual control of your estate is lost.

Probate refers to the legal process whereby the assets of a person are distributed in accordance with the terms of his or her will or, in the event the person did not have a will, in accordance with Florida law. If a person dies owning real property in the State of Florida, such as a house or land, and that property is titled solely in the name of the decedent, probate is necessary to transfer title to that property.

Even with a will, there can be controversy. If a person feels that undue influence was involved in the preparation of a person's will, a will contest may follow. Our Tallahassee lawyers have extensive experience assisting clients in will contests.

When faced with the death of a loved one, everyone should seek the advice of a probate attorney knowledgeable in the area of probate, even where you don't believe that probate will be necessary. An attorney's guidance during this stressful time can give you some peace of mind knowing that the proper procedures are being followed in the administration of your loved one's estate.