What Does My Last Will and Testament Do?

What Does My Last Will and Testament Do?

A last will and testament is a document that outlines how you wish for your assets to be distributed upon your death. Your will should also appoint the individual who you wish to act as your personal representative, who will be responsible for ensuring your will is properly probated and assets properly distributed.

What Can a Will Do?

A will states who you wish to receive your “stuff” upon your passing. For example, if you want your sister to have your pearl necklace, you can put that in your will. If you want your brother to have your Harley, you can put that in your will. If you are single and have three adult children, you can direct that your home be sold and the proceeds distributed evenly among your children.

As indicated above, your will should also appoint a personal representative who will help effectuate those wishes. The personal representative is responsible for ensuring that your will is probated in Court and your assets are properly distributed.

If you have minor children, your will can also appoint a guardian for your children, should you and their other parent pass away or otherwise be unable to care for them.

What Can’t a Will Do?

The last will and testament do have limitations. For example, life insurance policies and retirement plans often name beneficiaries directly. The beneficiaries in those policies and plans will override any statements made in your will. Therefore, you will want to make sure the beneficiaries you have named for any life insurance policies and retirement plans are the individuals you wish to receive those assets.

Florida Estate Planning Attorney

If you are in Florida and are interested in discussing your personal and individual needs for your estate plan, contact us today. If you are ready to get started on your Florida estate plan, you can do so here.