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A will provides instructions to probate courts and executors of estates concerning what a person wants to do with their property after they pass away. Another purpose of a will is to override the state’s intestacy statute. Under Florida Statutes § 732.102, 732.103, and 732.104, a decedent’s surviving spouse, children, and other relations will receive their property after their death if a person dies without a will. As a result, having a valid will in place means that the probate court will not use these rules. Instead, a valid will requires a probate court, and the estate’s executor, to divide property according to what the document says. Any person over the age of 18 may create a last will and testament and Fla. Stat. § 732.502 says that the testator must freely sign the document in the presence of at least two witnesses. These witnesses must also sign the will. These steps will allow a probate court to presume the will to be valid.
Guardianship is the legal process of having someone appointed to make decisions over the health and finances of another person. For some, this means caring for a special needs child or protecting an elderly parent from abuse or fraud.
There are several types of guardianships a person could need, including:
If you know someone who is in need of a guardian, it is important to reach out to a qualified attorney who can guide you in determining which type of guardianship is appropriate and the steps to achieve a guardianship.
Layali Salem is licensed to practice law in Florida, the Middle District of Florida, and North Carolina. Attorney Salem has been a litigator for nearly a decade and is comfortable both in and out of the court.
