Wesley T. Dunaway, P.A.

Wills FAQs


Q: What Is A Last Will And Testament?
A: A Last Will and Testament is a legal document that addresses how you want your assets handled after your death. This document also names a Personal Representative, who is the person who will be in charge of distributing your assets.
Q: What Happens In Florida If I Don’t Have A Will When I Die?
A: If you don’t have a will at the time of your death, your property will be distributed according to rules written in the Florida statutes, called the “laws of intestacy.”
Q: Can I Name The Guardian For My Minor Children In My Will?
A: Yes, you can name a person in your Will who you would prefer to have care and custody over your minor children upon your death BUT if there is another person with legal authority over your children, such as a former spouse, that person may have the right to custody regardless of what you put in your Will.

When we draft estate plans for parents of minor children, we also recommend a Declaration Naming Preneed Guardian for Minor Child.

Q: What Is The Difference Between A Living Will And A Last Will And Testament?
A: A Living Will is a legal document that provides for a person’s wishes regarding the use of life-sustaining treatment whereas a Last Will and Testament provides for the distribution of a person’s assets on death.
Q: What Are Some Advantages Of Having A Last Will And Testament Done By An Attorney?
A: Having an attorney draft your Will typically results in a much more comprehensive document than if you use a standard form. Attorneys can answer your questions and draft the document in a way that meets your all needs and wishes. A Will drafted by an experienced estate planning attorney will address circumstances and concerns you may not have even considered. Also, an attorney can help to reduce the possibility conflict and ensure that the document meets all legal requirements to be effective.

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