The Differences Between Wills and Living Wills

September 10, 2020

It’s important to have an estate plan whether you are enjoying your golden years on a Florida beach or are a recent college graduate beginning your adult life. Ideally, you will have both a will and a living will as part of the plan.


What You Need to Know About Wills

A will allows you to dictate where your assets go and who will raise your minor children after you die. It also allows you to appoint someone to oversee your estate during probate. Generally speaking, anyone who is 18 and older and of sound mind can create a will. It may also be necessary to have the document signed by at least two witnesses who don’t have an interest in your estate. If you don’t have a valid will when you die, state law will determine how your estate is administered.


What You Should Know About Living Wills

A living will allows you to articulate the level of medical care that you would like to receive if you can’t express those thoughts on your own. The document may specify whether you would like to receive treatment to prolong your life such as being put on a respirator. As with a traditional will, the living will must be signed by two witnesses to be considered valid, and those two witnesses generally cannot be your personal physicians.



If you have questions about meeting your basic estate planning needs, an attorney may be able to help. This person may offer insight into the potential benefits of having a will or living will, and a legal professional may also be able to assist in the process of drafting or reviewing these documents. It is possible for a legal representative to serve as your estate executor during the probate process.

December 7, 2022
If you co-own a property and want to sell, but the other party doesn’t, you may wonder what your legal options are. The situation is quite common. When co-owners do not agree on the sale of the property, they may feel that litigation is the only option to resolve the dispute. However, that is not correct.
March 31, 2021
Real estate purchasers in Florida are often at a loss for understanding what conditions of the sale should be established in writing and included in the deal. Real estate transfers can appear as relatively simple transactions, but the truth is that they can be very complicated when misunderstandings exist between contracting agents. Although there are multiple details that should be included, there are three primary components that must be spelled out in writing for all parties.
March 3, 2021
Trusts can be a great tool for estate planning. In a trust, one party puts assets into an instrument that a trustee manages. This individual looks after the funds until they pass to a beneficiary. In Florida, almost anyone can be a trustee as long as he or she is an adult of sound mind. A corporation, like a bank, can also act as a trustee. So can a professional, like a lawyer. In some cases, testators choose a family member or friend to be a trustee.
March 3, 2021
Your loved one’s will in Florida doesn’t have to be the last word on their estate. You can’t contest the will because you don’t like the outcome, but you could contest the will if you suspect that it’s not legally binding. A judge might use an earlier version of the will or distribute your loved one’s assets according to state law instead.
February 8, 2021
Many people looking to sell their home falsely believe that they have a short window to do so each year. However, sellers in Florida should inform themselves of the benefits of marketing their home during every season.
January 14, 2021
Commercial real estate also referred to as CRE, has recently become a more popular choice among real estate investors thanks to its growth potential and ability to provide passive income. If you are considering investing in CRE in Boca Raton, Florida, there are certain things you should know before you begin your career as a real estate investor.
December 30, 2020
People in Florida who are wondering whether they should simply write their own will or estate plan without seeking legal assistance should keep in mind that not everything that is permissible is necessarily a good idea. Preparing a do-it-yourself estate plan might be one of those things.
December 22, 2020
If you are a Florida resident when you die and own any property in your own name without naming a beneficiary, your estate will be subject to administration, also known as probate. This is generally true whether you die with or without a valid will. A probate proceeding may also need to be initiated if you own real estate with another person. However, probate may be avoided by owning property in a revocable living trust.
December 15, 2020
Planning your will in Florida allows you the opportunity to make sure things go smoothly for your family members after you pass. An improperly or incorrectly executed will could end up failing to achieve your goal of having your wishes followed.
November 11, 2020
There are many moving parts within the commercial aspect of Florida real estate. Some aspects can be used to improve a home’s value while others allow the owner to utilize the property for the pursuit of a business venture. Of these includes the disposition of real estate. This is when you liquidate property to obtain additional cash. The following includes further information on this term as well as tips on how to properly navigate it to ensure the best results possible.