What is a Will? - A Will is a written instrument that provides instructions about how you choose to distribute your assets such as your home, car, investments, bank accounts, furniture and personal property etc. Your Will should provide for payment of your debts, the selection of a personal representative/executor for your estate and appointment of a guardian for your children. The advantage to having a Will is that YOU decide how your property will be distributed and who will be the guardian of your minor children. Without a Will your property will be distributed according to state law, a court may select a personal representative/executor for your estate and appoint a guardian for your minor children. Furthermore, dying without a Will may be more costly and may complicate the transfer of your property to your heirs.
If I need to make a change to my will can I cross out and add if I want? - No. The number of changes that you wish to make will determine how the Will should be changed. For example, if you move to a new state, marry, divorce, have a child, acquire substantial property, or suffer the loss of a loved one then a new Will would probably be best for you. However,a codicil may be appropriate for a small change.
Does the personal representative/executor of my will have to be a family member? – You may have a family member serve as personal representative/executor, but it is not necessary. If the person you appoint as personal representative is not a family member, they must be a resident of the State of Florida. A family member need not be a resident of the State of Florida. A personal representative/executor should be someone who is familiar with managing property, financial matters and recordkeeping. Your Will should also provide that the personal representative/executor is not required to furnish a bond. It is also prudent to name at least one alternate personal representative/executor in the event the first personal representative/executor is unable to serve for whatever reason.
I have minor children so what would happen with them if my spouse and I die without Will? If you and your spouse die at the same time without a Will which appoints a guardian for your children, a court will select a guardian to care for your children and manage their inheritance until they become adults. Therefore, you should have a Will drafted which appoints a guardian if you have children under 18.
Is a Will private? - No. When a will is filed with the probate court it becomes public record.
If I have a Will must it pass through probate? - Whether you have a Will or not, your property (home, car, investments, bank accounts, furniture and personal property etc.) must pass through the probate process unless you have a Trust and the Trust has been properly funded.