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Wills

Brett Legal provides expert services in drafting, amending, and revoking Wills. Wills are legally binding documents that provide instructions in situations where the person creating the Will is unable to communicate their wishes.

People generally think of two (2) types of Wills: a Living Will and a Last Will and Testament. While Brett Legal also handles Living Wills, Living Wills are considered Advance Directives. For a more detailed discussion, check out our resources page. This page discusses a Last Will and Testament.

A Last Will and Testament allows you to direct how your assets will be distributed after death and name beneficiaries. Without a valid Last Will and Testament, your estate will be distributed according to Florida’s intestacy laws, which may result in unnecessary expense and difficulties for your loved ones during an already difficult time. If you die intestate (or without a valid Will) the courts determine how your property is distributed based on a formula established by Florida law. Unfortunately, the courts’ decisions do not always reflect an individual’s wishes.

Having valid a valid Last Will and Testament in place ensures that your written desires and intentions are honored. Brett Legal will counsel you given your estate planning goals, financial status, and family’s needs.

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 FAQs

  • A Last Will and Testament (aka Will) is a legal document that goes into effect after death. A Will allows the person making the Will to direct how assets will be distributed after death, designate what beneficiaries will inherit, and provides instructions for the disposition of assets after death.

  • A Will does not go into effect until someone’s death whereas a Trust goes into effect upon signing.

    Additionally, after death, a Will requires court involvement (aka probate) for beneficiaries to obtain their inheritance and title to assets whereas a Trust generally does not.

  • Whether a Will or Trust is better or more appropriate in your situation is going to depend on different factors including but not limited to: your estate planning goals, family dynamics, medical needs, and financial situation.

    Contact us for a free 15 minute consultation to discuss your estate plan and explore what may best suit your current needs.

  • A Living Will outlines your wishes regarding medical treatment in the event you become incapacitated and unable to communicate.