A Will is a legal document that contains your instructions as to what will happen to your property after your death. It includes your wishes as to how your property should be divided, such as who will receive your property and assets and in what amounts, at the time of your death. The Will allows you to give away all your possessions, including but not limited to your home, land, vehicles, business holdings, investments, bank accounts, jewelry, and art collection to the people you want to benefit.

Additionally, in the Will, you can name a guardian for your minor children if the other parent is not responsible or a fit parent. The Will may also be used to name a personal representative to handle your property and affairs from the time of your death until your estate is settled. If a personal representative is not named in the Will, the Court will appoint one. The Will can also be used to establish a Trust and choose a trustee to handle the estate on behalf of the children or other beneficiaries.

A Will should be made in writing by a competent adult who is of sound mind and at least 18 years old. It must be signed by the maker and be witnessed by at least two competent adults who must be present at the time that the maker signed the Will. The witnesses must acknowledge that they were present when the maker signed the Will and they must sign the Will in the presence of the maker. The witnesses should not be beneficiaries of the Will. The signing of the Will must comply in strict accordance with technical formalities. If the Will fails to follow the formalities, it may not be enforceable in Court.

A Will is a very important document, yet most people do not have one because of the fear of the possibility of death. However, the two things that are certain in this life are death and taxes. So, it is important to make sure that your loved ones are provided for and that your wishes regarding your property are in writing in the event of your death. If you do not have a Will, now is the time to make one. In the event you die without a Will, your property will be divided according to the laws of the State of Florida. Be responsible and make your Will now.

At the Law Offices of Pamela M. Gordon, P.A. we have an experienced staff who will assist you with the drafting of your Will.