7077 S. Tamiami Trail, Sarasota, FL 34231
A Last Will and Testament, often referred to simply as a “Will,” is a legal document by which a person, the “Testator,” names one or more persons, the “Personal Representative,” to manage his or her estate and provides direction for the transfer and disposition of his or her property following the Testator’s death. In Florida, we use the term “Personal Representative” to refer to the individual who administers the estate following the death of the Testator; in other States this person is referred to as the “Executor.” A Will can be as simple or as complex as it needs to be to properly convey the assets of the Testator to his or her intended beneficiaries. Following the Testator’s death, the Will is probated (See Probate) and the Court will supervise the Personal Representative to ensure that they have fulfilled their obligations and properly distributed the assets.
When drafting a Will in Florida a client must pay particular attention to issues relating to Homestead Property (I.E. primary residence), the Spousal Elective Share Rules (in which a spouse cannot be disinherited), tax issues, and more. At Griffin & Griffin, we would address these issues as well as examine issue like the potential needs of the intended beneficiaries, including the possible future need for long-term care of a spouse, child or other beneficiary, any “special needs” of any beneficiary, providing creditor/bankruptcy protection for a beneficiary’s share and many more issues. At Griffin & Griffin we will examine whether it is appropriate or necessary for the use of a Trust (See Trust Agreements / Living Trust), in conjunction with a Will, to ensure the efficient and orderly administration of the Testator’s estate.
At Griffin & Griffin, we take the time to understand our client’s unique desires, needs and complexities to ensure that our client’s Will provides the greatest amount of protection and ensures the most simple and efficient administration possible.
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