#florida will

A will is a written document directing the disposition of certain assets of an individual at death.

At Weidner Law, P.A., we practice in the state of Florida which requires at a minimum the following to constitute a valid will: (1) The maker of the will (in legal speak, the “testator”) must be of legal age, i.e., 18 years old. (2) The testator must be of sound mind at the time he or she signs the will. (3) The will must be written. (4) The will must be witnessed and notarized in a special manner. (5) There are also additional exacting legal formalities required by the law for the execution of a will. (6) Lastly, the will must be proved in and allowed by the probate court.

At Weidner Law, P.A., we prepare the following estate planning documents on behalf of our clients: (1) Will, (2) Power of Attorney, and (3) Healthcare Surrogate.

I have personally litigated cases where there have been defects. For instance, an argument over whether a family member was of sound mind can drain an estate of assets and prevent those assets from going to your loved ones. The old saying, “an ounce of prevention is worth a pound of cure” is certainly true when it comes to the preventative maintenance of preparing a will and estate planning package.

One of the benefits and disadvantages of a will is that it does not become final until the death of the testator. Therefore, one can change a will or add a codicil, in order to better express their wishes upon passing. Thus, if you desire to change or add beneficiaries to your will, it is best to make those changes as soon as possible.

Contact us if you would like more information – (727) 358-9516

I awoke yesterday morning to a text from Emergency Management that the Pensacola Bay and Pensacola Beach bridges were still closed and weren’t opening anytime soon. This was our second ice storm day at home and the third day of cancelled school. Now living on Pensacola Beach, I couldn’t get to my law office had I even dared to try.  While many parents I know were going stir crazy at home with the kids, I was desperately missing one of my own.

  My 12 year old son was still stranded at his friend’s house in Gulf Breeze on the other side of the beach bridge from us for the third day straight. Although I knew he was in good hands with his friend’s parents, I still worried about him. He had only packed enough clothes and food for one night, not three! He’s been vegan for over 18 months now, which makes it a little challenging when he spends the night out.

  Even though I try not to worry, it’s natural as a mom to worry about our kids. We feel we know what’s best for them—their bedtime, what they eat, how they spend their free time, who their friends should be, etc. It’s not that my way is right necessarily (but of course it is for us moms, right?!); it’s that I know my kids better than anyone else. I know their joys, their fears, what they like to eat, how much sleep they need to feel rested in the morning, how they like their downtime, their bedtime rituals, etc. Although I’m not a particularly nervous person and my kids are very independent, it was driving me crazy to be physically cut off from my youngest child.

  It made me think about how my kids would do if neither their dad nor I were around to raise and guide them anymore. Although I know that no one will love them and raise them as well as we can (we all feel like that as parents, don’t we?), at least we’ve put our legal documents in place to ensure that the folks that we want raising our kids will be appointed as their legal guardians and that the inheritance we will be leaving them (thank you life insurance!) will be protected and used for them well into adulthood. Without a Will, minor’s trust, guardianship nominations, etc., all of these decisions would be handled by the courts outside of our control as parents.

  It’s not fun to think about our inevitable demise and I hope we all live long, fulfilling lives. But none of us have a crystal ball so as parents, it’s our responsibility to love and teach our kids now but also to prepare for the worst. We can do so by making sure our Wills, Minor’s Trusts, Durable Powers of Attorney, Guardianship Nominations, and Advance Care Directives are signed and up to date.

Puerto Morelos, Mexico, October 5, 2013

Sipping my morning coffee in a little café overlooking the Caribbean, I pulled out my phone thinking I should call home to check on the kids.

Phone On – check

Searching….Searching….Searching….

…?... Uh, no Bars, no Cell Service at all? HEL-LO?

I had called Verizon before my husband and I snuck off to weekend getaway to Mexico. I paid for the “Mexico” cell service package so I wouldn’t be charged outrageous fees for calling home internationally. Silly me, I didn’t even ask if Verizon even HAS cellular service in the Yucatan peninsula. Note to self: They don’t.

After the shock of realizing I was “cut off from the outside world,” I slowly resigned myself to the following facts:

My kids were in the very capable hands of friends;

Last I checked, Tropical Storm Karen was fizzling out in the Gulf and probably wouldn’t be a threat after all to the Florida Panhandle; and

As my kids frequently reminded me, I needed to stop being a control freak and trust that they are perfectly capable of making their own decisions (within reason of course!).

I have the same types of discussions with my Estate Planning Clients everyday:

How Much Control Will You Demand From the Grave? 

Most clients say they want their estate plan to be easy (translation: keep it simple yet effective to accomplish their desires) and cost efficient (translation: they don’t want to spend a lot of money).

However, some of these same clients also want to control how their loved ones use the funds/property they inherit:

“I want to keep my home in the family to be passed down through the generations.”

“I want my IRA funds to go to my kids but I want to make sure they don’t cash it out early.”

“I don’t trust that my son-in-law won’t squander any money I leave my daughter.”

“I want to pass my business along to my kids and ensure that my grandkids can also work there when they get older.”

“My kids are immature and I don’t trust them with money.”

“My kids have to complete college, reach a certain age, etc. before they get their hands on anything.”

I remind my clients that it’s their money and they can put whatever restrictions they want to on how it is used or doled out or who they leave it to (within certain legal parameters). However, the more control or restrictions they want to put on the inheritance, the more complicated their estate plan becomes and ergo, the more costly their estate plan becomes.

To some clients, the additional control is worth the additional cost. To others, not so much, and they decide to LET IT GO and keep it simpler with outright distributions. It’s a decision that every client much make and there is no right or wrong answer. Clients just need to make the best decision they can at this moment knowing that their estate plan can be updated down the road as their circumstances, or those of their loved ones, change.

Pensacola, Florida, October 8, 2013 

Home again, feeling refreshed after 3 days in the sun and sand with no responsibilities, I realized my home was just as I left it, albeit with a little more dirty laundry and dishes. The kids and pets were happy to see us and life went on without us. Homework was completed, tests were studied for, kids still got to school and their activities on time. All that and I never even had a chance to call home once to remind anyone about the schedule.

Guess I really can start to let go of the reigns some. It’s a personal decision that every Estate Planning Client needs to decide for herself.