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Will Power: Florida Last Will and Testament

By way of disclaimer, I must declare as follows: It is always a bad idea to haunt your relatives after you are dead. It never works out the way you think. This doesn’t mean, however, that death should prevent you from exerting your Will, especially where your hard-earned cash and property are concerned. You can’t take it with you, but you can decide who gets it when you’ve gone by executing the appropriately named legal instrument known as your Will or, for fancier lawyers, your Last Will and Testament.

As a general rule, Wills minimize government meddling and, in some circumstances, can keep your property from eschewing (transferring) to the state. A general devise of property can prevent a lot of potential litigation, especially in cases where there are no direct heirs. In conjunction with other legal instruments such as a Durable Power of Attorney or Trust, your Will may be used to dramatically simplify the distribution of your assets and satisfaction of your debts, making life easier for your grieving loved ones.

You may also use your Will to make specific bequests (testamentary grants) to specific individuals or prevent specific individuals from receiving your property under state inheritance statutes. Minimize bickering among your children over your mountain cabin by specifically devising it to your daughter Suzy, the only one of her siblings who actually used it while you were alive. Or, if you’ve always disliked your daughter Suzy but never had the courage to confront her, let her know how you feel now by including specific legal language in your Will to effectively prevent her from ever getting her hands on your stuff.

Just remember, it is your property and you have the right to decide what you want to do with it. By providing specific input into a Will, you will exercise this right and you may prevent the state or anyone else for that matter from deciding how to distribute your property.

To be valid, a Florida Last Will and Testament it must be executed by you (the Testator) before a notary and in the presence of two witnesses, who must sign in your presence and in the presence of one another. Many conditions may be placed upon the transfer of your property after your death, and the language of your Will should be delicately crafted by an experienced attorney to reflect your wishes and to abide by all relevant law. If you have any further questions about the Florida Wills or other testamentary instruments, please contact the Law Firm of Grigaltchik & Galustov, P.A. at (904) 738-8398.

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