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Family attorney that focuses on "taking the fight out" of Divorce, Paternity, Child Support, Modifications
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The answer is... it depends. The best thing is to have it reviewed by a Florida Licensed attorney who can tell you for sure if it is.
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The answer is... it depends. The best thing is to have it reviewed by a Florida Licensed attorney who can tell you for sure if it is.
There are many facets to this question.... I can only answer this question as it pertains to Florida Law, but since it is general information, it should cover most states....
When a person dies, the state needs to determine what to do with his/her earthly belongings(estate). Priority is given...
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There are many facets to this question.... I can only answer this question as it pertains to Florida Law, but since it is general information, it should cover most states....
When a person dies, the state needs to determine what to do with his/her earthly belongings(estate). Priority is given to what the decedent's wishes were at the time of his/her passing. One of the ways that an individual can do this, is by having a will drafted. when the decedent's wishes cannot be ascertained, then the estate is disposed of according to a set of rules generally referred to as rules of intestate succession. These rules were composed a long time ago and were written in accordance with the social standards of the time. Additionally the rules of intestate succession were meant to address what "most people would want".
Today's reality is that social norms have changed. For example, two people both of whom have divorced, marry each other and have children from their respective prior marriage who are not adopted by the other spouse is quite common today, however this scenario was not contemplated when the rules were created. For a probate attorney, this could create a nightmare scenario. Distribution of that couple's estate would likely look completely different from what the couple wanted.
Additionally I want to address something you have not asked. Many people look at the wills that we attorney's draft and say "I could have done that" and they are probably right. When you pay an attorney to draft estate planning documents for you, you are not paying for the drafting. You can probably go to your local stationery store and find a form that you can fill out that would do the same job, perhaps even better. What you are paying an attorney to do is to consider your very personal and individual circumstances, look at your desired wishes for your estate, and select the appropriate instrument to achieve that goal. Anybody can draft a will. Only a well trained attorney will know the questions to ask and will have the right answers particular to your needs. And if I may be so blunt... that is why seeking legal advice in a forum such as this is a bad idea. This forum is great for learning general information which is not the same as legal advice.
