Wills & Trusts
Comprehensive Will and Trust Solutions
Secure your legacy with well-planned wills and trusts. We work with you to develop a customized estate plan that respects your wishes, protects your assets, and provides peace of mind for you and your loved ones.
Wills
A well-crafted will ensures that your assets are distributed according to your wishes, providing clear instructions for your loved ones. Moraes Law Firm works closely with you to draft a will that addresses all key areas — designating beneficiaries, appointing guardians for minor children, and outlining specific bequests — so that your legacy is secured and future complications are minimized.
Trusts
Trusts offer a flexible, efficient way to manage and distribute assets both during your lifetime and beyond. We help you establish various types of trusts, such as revocable living trusts, irrevocable trusts, and special needs trusts, tailored to your specific goals. Trusts can provide tax benefits, asset protection, and control over the timing and manner in which your beneficiaries receive their inheritance.
Frequently Asked Questions (FAQs) for Wills
General
What is a will?
A will (or “Last Will and Testament”) is a legal document that allows you to specify how you want your assets distributed after your death, name guardians for minor children, and appoint an executor to carry out your wishes.
Why do I need a will?
Without a will, Florida state law determines who receives your assets, which may not align with your wishes. A will gives you control over your legacy, helps avoid family disputes, and can make the probate process smoother for your loved ones.
At what age should I create a will?
Any adult (18+) in Florida can and should create a will, especially after major life events such as marriage, having children, purchasing property, or accumulating significant assets.
What happens if I die without a will in Florida?
If you die without a will (intestate) in Florida, state intestacy laws determine who inherits your property. Typically, assets go first to a spouse and children, then to other relatives in a specific order. This may not reflect your personal wishes and can complicate matters for your loved ones.
Creating a Will
What should be included in my will?
- Designation of an executor
- Instructions for asset distribution
- Guardian appointments for minor children
- Specific bequests for sentimental items
- Provisions for pets
- Funeral and burial wishes
- Trusts or other arrangements for complex situations
How often should I update my will?
- Marriage or divorce
- Birth or adoption of children
- Death of a beneficiary or executor
- Significant changes in financial circumstances
- Purchase or sale of major assets
- Moving to a different state
- Changes in tax laws
- Generally every 3-5 years regardless
Do I need a lawyer to create a will in Florida?
While DIY will kits exist, they often don’t account for Florida’s specific legal requirements or complex family situations. Working with an experienced estate planning attorney ensures your will is legally valid, minimizes tax implications, and truly reflects your wishes.
What makes a will legally valid in Florida?
- The testator (person making the will) must be at least 18 years old
- The testator must be of sound mind
- The will must be in writing
- The will must be signed by the testator
- The signing must be witnessed by at least two people who also sign the will
- Self-proving wills require notarization
Executors and Probate
What does an executor do?
- Filing the will with the probate court
- Notifying beneficiaries and creditors
- Taking inventory of assets
- Paying debts, taxes, and administrative expenses
- Distributing assets according to the will
- Closing the estate
How do I choose the right executor for my will?
- Trustworthy and responsible
- Financially savvy
- Well-organized
- Geographically close enough to handle matters
- Willing to serve in this capacity
- Likely to outlive you
- Able to handle family dynamics
What is probate, and how long does it take in Florida?
Probate is the court-supervised process of authenticating a will and distributing assets. In Florida, formal probate typically takes 6-12 months for simple estates, but can take years for complex estates or if there are disputes.
Can probate be avoided in Florida?
- Creating a revocable living trust
- Holding property in joint tenancy with right of survivorship
- Designating beneficiaries on financial accounts and insurance policies
- Using transfer-on-death deeds for real estate
- Gifting assets during your lifetime
Special Circumstances
How do I disinherit someone in Florida?
Can I include digital assets in my will?
- Email accounts
- Social media profiles
- Cryptocurrency
- Online financial accounts
- Digital photos and files
- Online businesses or blogs
- Loyalty program points
How do wills interact with trusts?
- A pour-over will can transfer any remaining assets into an existing trust
- A testamentary trust can be created within your will
- Your will can reference and coordinate with existing trusts
How does Florida homestead law affect my will?
Working With Moraes Law Firm
How does Moraes Law Firm approach the will creation process?
What information should I prepare before my will consultation?
- A list of all assets and their approximate values
- Names and contact information for beneficiaries
- Your choices for executor and guardians
- Any specific bequests you wish to make
- Information about existing trusts or estate planning documents
- Questions or concerns you have about the process