Gainesville Estate Planning Attorney
Our skilled estate planning attorneys J. Mark Dubose and Gil Alba have years of experience proudly serving Gainesville, Florida. Establishing your estate plan is a sensitive task that requires a detailed hand and sound recommendations. At the Law office of Alba & Dubose P.A, we recognize the intimidating and delicate nature of planning for your family’s future. By facing the inevitable and documenting a clear distribution of wealth, our clients can rest assured that their estate has been cared for.
What is Estate Planning?
An individual’s estate is the sum of their net worth and assets. This includes all properties, inheritances, stocks, bonds and personal belongings. Estate planning is the process by which an individual arranges for the transfer of assets to his or her beneficiaries after death. Beneficiaries frequently include immediate family members or heirs and charities.
What is a Will?
A will is a written, legal document that outlines how an individual’s estate will be distributed after death. Depending on the size of the estate and the number of beneficiaries, a will can be simple or elaborate
Wills
Standard wills focus on the distribution of an estate and can be changed or revoked at any time. Under Florida law, a will must meet the following requirements to be valid.
- Individual must be at least 18 years old, be of sound mind and body upon signing the will.
- Individual must sign in presence of two witnesses and a notary.
- The will must be approved by a probate court after death.
Additionally, Florida law prohibits wills from completely disinheriting surviving spouses, selling jointly owned property or distributing inheritance to a Cuban national.
Changing or revoking a will
An individual can change or revoke their will at any time prior to death. To protect the integrity of the will, codicils should be used to make formal additions or amendments to a preexisting will. A change can also be made automatically by operation of law, in some instances.
Living wills
Unlike standard wills, a living will does not include property distribution. A living will specifies what medical procedures should be used to prolong your life, should you become incapacitated. Living wills are signed in the presence of two witnesses, one of whom cannot be a blood relative or spouse. (more…)