Exercise Your Constitutional Rights; Make A Will!
Florida’s courts have held that the right to dispose of one’s property at death is a fundamental property right, but one which must be exercised in a manner that complies with legal standards, promoting clarity and certainty.
Without proper planning, property may pass under rigid intestacy laws which disregard valued family relationships. Other property, such as life insurance or retirement assets, may pass under default language in the “small print” of bank or insurance company contracts. Someone who neglects to make an effective disposition of his or her property at death risks an outcome which may be directly contrary to what the person thought, intended or promised.
If you are reading this, you are already taking an important first step in learning about your rights and your powers to benefit those you care about. Your next step should be to talk to a lawyer who can understand your situation and help you make sure your wishes are carried out.
What if I Made A Will Somewhere Else Before Moving To Florida?
Each state makes its own laws in matters of property and inheritance. When you became a resident of Florida, you became subject to Florida law. Your will from “up north”, although better than no will at all, may fail to comply with Florida law in some important detail. That could frustrate and delay the settlement of your affairs. It is best to have it reviewed by an attorney whose competence is in Florida law and procedure.
The lawyers at Mellor & Backo LLP, in North Port, are ready and available to consult with you about these matters. Three generations of North Port area families have trusted us with drafting and review of their estate documents for many decades.
Call us at 941-257-4881 or email the firm to learn more about how we can help you prepare a will or a trust that is customized to your wishes and financial situation. You should also have your out-of-state will or trust reviewed if you have just moved to Florida.