Estate Planning
Last Will and Testament
Florida
What is a will, and why is it important to have one?
I am a married adult with two children and I am looking to secure my family's future. I am concerned about what will happen to my assets and my family if something were to happen to me. I want to make sure that my wishes are respected and that my family is taken care of, so I am looking to learn more about wills and how they can help me.
Answers from 1 Lawyer
Answer
Estate Planning
Florida
Diane D.
ContractsCounsel verified
A will allows you to select the persons who you want to receive what you own when you die. Without a will, the court may step in and distribute your assets according to your state's law. With a will, you control what happens with your property, and you can leave specific property to specific persons, and you can appoint specific persons to manage and handle distributing your property. Having a Will can save your heirs significant expense during probate and prevent feuding among them.
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Last Will and Testament
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Can I make changes to my will after it has been created?
I recently created a will, and my family and financial situation has since changed. I'm wondering if I can make changes to my will to reflect these new changes, or if the will I created is now set in stone. I'm looking for guidance on how to proceed and make sure my wishes are accurately reflected.
Estate Planning
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California
What happens if I die without a will?
As I have gotten older and accumulated assets, I have become increasingly aware of the importance of having a will in place. However, I have not yet taken the steps to create one, and I am curious about the potential consequences of dying without a will. Therefore, I would like to seek the advice of a lawyer to understand what would happen to my estate and how my assets would be distributed in the event of my death without a will.
Matthew S.
If you die without a will your assets will be distributed to your heirs pursuant to the intestacy statute for your state. However, if you use a will, you can control who gets your assets and can give assets to non-blood related persons who wouldn't otherwise be an heir.
Read 1 attorney answer>Estate Planning
Last Will and Testament
California
Can I create an estate plan without the help of a lawyer?
I am in my mid-fifties and have recently been diagnosed with a terminal illness. I have a large estate that I would like to be distributed to my family and friends when I pass away. I have done some research and understand the importance of having an estate plan, but I am not sure if I am able to create one without the help of a lawyer. I am looking for more information that will help me make the best decision for my family and myself.
Philip M.
You can certainly go ahead and fill out simple forms to complete some easy estate planning documents like wills, but for more complicated documents like a trust (which is required if you want to avoid probate) it can get a little trickier. Further, anyone can fill in the blanks, but an experienced attorney will be able to explain what the document does and how it meets your wishes best. Hope this helps.
Read 1 attorney answer>Estate Planning
Last Will and Testament
Illinois
How often should I review and update my will?
I am asking this question because I want to ensure that my will is up-to-date and reflects any changes in my life circumstances, such as marriage, divorce, birth or adoption of a child, or changes in my financial situation. I am also interested in understanding how frequently I should review and update my will to ensure that my assets are distributed according to my wishes in the event of my death.
Talin H.
You basically just answered your question. You should review and update your will whenever a major life event happens that might influence how your assets are distributed in the will. The rule of thumb is the addition or subtraction of a family member, or addition, or subtraction of a major asset like a home purchase.
Read 1 attorney answer>Probate
Last Will and Testament
Tennessee
Is a deed of trust enough to prove ownership of a home when a spouse dies intestate in Tennessee?
My stepfather just passed away intestate. He has 2 adult children from a previous marriage. My mother (the widow) does not believe her name is on the property deed, but knows her name is on the Deed of Trust for their home. The home was purchased after marriage, as a couple. They resided together in the home for nearly 20 years. She is worried she will lose their home to intestate succession laws.
Forest H.
It is unlikely that she will lose the home. She has certain rights to a spousal share of his estate regardless of the surviving children or the title to the home. She would certainly benefit from speaking with a local probate attorney who can assist her in protecting her interest.
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