VanNess & VanNess, P.A.

Definitions and laws in estate planning

Some people may think of writing a will as a fairly straightforward process, but there can be a number of nuances in the process. For example, like most states, Florida does not recognize either holographic wills or nuncupative wills. The former is a will that has been handwritten and signed by a person without witnesses while the latter is an oral will.

A will can be challenged on the grounds that the creator lacked what is known as testamentary capacity. However, it is important to note that the burden is on the challenger in these cases, and adults are generally presumed to have this capacity and to be capable of creating a legal will. Passing away without a will is known as dying intestate, which means that the state will be responsible for distributing a person's possessions. It's also important to be familiar with the executor, who has to administer the will.

One situation people should be aware of is that a surviving spouse can take a portion of an estate even if they're not named in the will. People who remarry but want the estate to pass to their children should revise the will and also review their beneficiary designations.

An attorney can explain issues such as these as well as assist in creating additional estate planning documents. For example, some people may find that they need a trust. This is not just a way of protecting wealth in families with many assets. A trust can also distribute assets over time for an heir who might not manage a lump sum inheritance effectively.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Discuss Your Case With An Experienced Attorney

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location

1205 N. Meeting Tree Blvd.
Crystal River, FL 34429

Toll Free: 866-697-6221
Phone: 352-436-4333
Crystal River Law Office Map

250 International Parkway
Suite 340
Lake Mary, Florida 32746

Toll Free: 866-697-6221
Phone: 352-436-4333
Map & Directions

Office Location