Florida Will

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Florida Will

A Last Will and Testament is the document under which you direct the final distribution of your
assets -- that is, your estate. It has no legal force or use until you have died and it is filed for
probate.

Even if you have a Revocable Living Trust, you should still have a Will. A Last Will and
Testament is a safety net or catch-all for anything you own or any right you have upon your
death that is not specifically mentioned in your Revocable Living Trust. People frequently forget
to put assets into their Revocable Living Trust. You might win the lottery and not have time to
transfer your winnings! Even with a trust, a will is necessary as a "catch-all" in case there are
items outside of the trust. If you don’t have a Will, any assets not included in your Revocable
Living Trust would distributed according to intestate succession laws, which you don’t want to
happen. If you have a Revocable Living Trust, the will can "pour over" any assets you own
individually at your death to the trust. The assets are then dealt with as the trust directs. And
most importantly, you can know you've made the decisions. It is, after all, your estate.

Wills (and trusts, too) may be particularly important for people who want to omit a child from
the estate (for whatever reason – you don’t have to justify it), people in second marriages with
multi-family heirs, unmarried couples or partners, or anyone who simply wants to leave
something to a friend. A will may include a “Pre-Need Designation of Guardian” for minor
children. Designating a guardian in your Will helps to avoid family disputes and battles.

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