Wills

Wills are essential estate planning documents. Attorney JC Elgin is an experienced Fort Myers and Lee County, Florida wills attorney.

A will is important because it tells people what you want to happen to your money, property, and possessions after you die.

Without a Will

• No Control Over Your Belongings: Florida’s law of decent and distribution decides who gets your things, which may not match your wishes.
• Family Confusion: Your family might argue or feel unsure about what you wanted, causing stress and conflict.
• Care for Dependents: Without a guardian nomination in a will, the default law will apply as to who becomes custodian of minor children.

A will helps make sure your loved ones, like your spouse, children, or friends, are taken care of the way you want. Without a will, the process to divide your property can take longer and cost more for your family. In short, having a will gives you control, reduces stress for your family, and ensures your wishes are respected.

What to Consider When Making a Will

When making a will, it’s important to carefully think through key aspects to ensure your wishes are clear and your loved ones are provided for. Here are the main things to consider:

1. Your Assets

• List everything you own, such as property, money, investments, personal belongings, and digital assets.
• Consider how you want these assets to be distributed and to whom.

2. Beneficiaries

• Decide who will inherit your assets, whether it’s family members, friends, or charities.
• Name alternate beneficiaries in case your primary choices cannot accept the inheritance.

3. Executor

• Choose someone you trust to manage your estate and carry out the instructions in your will.
• This person should be responsible, organized, and willing to take on the role.

4. Guardians for Minor Children

• If you have children under 18, name a guardian to care for them if both parents pass away.
• Discuss your choice with the person to ensure they’re willing and able to take on this responsibility.

5. Specific Gifts

• Decide if you want to leave specific items (like family heirlooms, jewelry, or sentimental items) to certain people.
• Be clear and detailed about these gifts to avoid confusion or disputes.

6. Contingencies

• Plan for “what if” scenarios, such as a beneficiary passing away before you or an executor being unable to serve.
• Include backup options to ensure your wishes can still be followed.

7. Taxes and Debts

• Consider how your estate’s debts and taxes will be handled. Ensure your will reflects any necessary provisions to cover these costs.

8. Legal Requirements

• Ensure your will meets the legal requirements in your state or country (e.g., signatures, witnesses, and notarization if required).
• Work with a lawyer to ensure the document is valid and enforceable.

9. Updates Over Time

• Recognize that a will is not a one-time document. Revisit and update it after major life events, such as marriage, divorce, the birth of a child, or acquiring significant assets.

10. Special Circumstances

• Address any unique family dynamics, such as blended families, estranged relationships, or dependents with special needs.
• Consider setting up a trust if your estate is complex or if you want to provide for minors or dependents over time.

11. Storage and Access

• Keep the will in a safe but accessible place, such as a fireproof safe or with an attorney.
• Inform your executor and key family members about where to find it.

Thinking through these aspects will help you create a clear, comprehensive will that ensures your wishes are honored and simplifies matters for your loved ones.