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A will is a legal document that tells the world exactly what you want to happen after you pass away. Who receives your home. Who gets your savings. Who raises your children. Who is responsible for carrying out your wishes.
It is your voice when you are no longer here to speak for yourself.
A complete will addresses:
Who receives your assets and in what proportion. Who serves as personal representative to manage your estate. Who raises your minor children if both parents are gone. How specific personal property and sentimental items are distributed. How your debts and final expenses are handled.
Without a will none of these decisions are yours to make.
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If you have children under the age of eighteen your will is one of the most important documents you will ever sign.
A will is where you nominate a guardian for your minor children. A guardian is the person who would raise your children if something happened to you and your spouse. Without this nomination a court makes that decision without any input from you, without knowing your children, and without knowing your wishes.
Think about that for a moment. The decision about who raises your children, who they grow up with, and who shapes their future could be made by a judge who has never met your family.
A will puts that decision where it belongs. In your hands.
At Bavaro Legacy Law we believe naming a guardian for your children is one of the most important and most personal decisions in any estate plan. We take the time to walk you through every consideration so you feel completely confident in the person you choose.
If you have minor children and do not have a will in place, today is the day to change that.
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Dying without a will in Florida is called dying intestate. When that happens Florida law distributes your estate according to a statutory formula that does not know your family, your relationships, or your wishes.
That formula does not know that you wanted your daughter to have the house. It does not know that you wanted a portion of your estate to go to a charity you cared about. It does not know that you and a family member have not spoken in years.
It simply follows the formula.
Beyond asset distribution dying without a will means a court appoints your personal representative without any input from you and designates a guardian for your minor children without knowing your preferences. Your family faces additional time, cost, and stress at the worst possible moment of their lives.
A will is one of the most important documents you can have. The families who are most grateful they had one are the ones who never expected to need it.
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This is the most common misconception we hear and it is one of the most important things to understand about estate planning in Florida.
A will does not keep your family out of court. It simply tells the court what you wanted. Even with a valid will in place your estate still goes through the Florida probate process. Your assets can still be frozen for months. Your private financial affairs become a matter of public record. Your family still faces the time, the cost, and the stress of a court supervised process.
A will is essential. But for most families in Lakewood Ranch and Sarasota it is only the beginning of a complete estate plan. The right plan for your specific situation depends on your assets, your family, and your goals.
Schedule a consultation with Vito Bavaro, Esq. today to discuss how to protect your family and avoid the probate process entirely.
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If you moved to Florida and brought a will drafted in another state, there are some important things you need to know.
Florida generally recognizes wills that were validly executed in other states. However your out of state will almost certainly does not account for Florida's unique homestead laws, does not take advantage of Florida specific planning opportunities, and may not meet the standards that Florida courts and financial institutions expect.
More importantly a will that worked perfectly in New York, New Jersey, or Ohio may leave your Florida family exposed in ways you never anticipated. Florida is a unique legal environment and your estate plan should reflect that.
If you have a will from another state a review with Vito Bavaro, Esq. is one of the most important steps you can take to make sure your family is actually protected.
Do not assume your existing documents are enough. Schedule a free consultation with Vito Bavaro, Esq. today and find out exactly where you stand.