Boca Raton Estate Planning Attorney

Estate planning attorneys at The Berman Law Group in Boca Raton are ready to help you protect your estate and plan the transfer of your property and money to individuals and charities as you choose.

Your "estate" covers everything that belongs to you. Assigning your belongings to others in the event of your death is a weighty and important decision. The Berman Law Group's Boca Raton estate planning lawyers can advise you on the best strategies to transfer these belongings — ensuring your wishes are carried out with the utmost detail while minimizing taxes, delays, and court costs.

Wills — Do You Have One?

Surprisingly, many Boca Raton residents do not have a will — and they are not alone. Just 4 in 10 U.S. adults have a will. If you don't have a will in place and you die while married with children, your surviving spouse and children will generally inherit your assets. If you are single with no children and die without a will, the state of Florida will determine which of your relatives will inherit your estate. Without a will, your estate will go into probate — a slow process that generates court costs while the courts decide what to do with your assets. Having a will can protect your loved ones and avoid conflict between relatives over your property and money.

Two Types of Wills

1. A Living Will is a type of Advance Care Directive that states your wishes regarding life support in the event you fall into an irreversible coma or persistent vegetative state.

2. A Last Will and Testament is a legal document that dictates how you would like your assets distributed after your death. In your will, you must also name an executor — the person responsible for managing the estate until all terms of the will have been carried out. The writer of the will is the testator, and those who inherit from the will are called the beneficiaries. In your will, you can also assign guardianship of your children and the ownership of your pets.

Florida Last Will and Testament Requirements

The State of Florida does not recognize verbal wills — your will must be typed or legibly written to be valid. Here are the requirements The Berman Law Group follows when creating your will under Florida law:

• You must be 18 years old or an emancipated minor for your will to be valid in Florida
• The will must be in writing — verbal wills are not acceptable in Florida
• The testator must have signed the will, or a signature must be placed at the testator's direction
• The will must be signed by at least two witnesses, in the presence of the testator and each other

People are legally allowed to contest a will, which is why it is important that your will is written clearly and legally. If you want to disinherit your spouse or a child, it must be stated in specific wording. The most common reason for contesting a will is undue influence — when someone close to the writer is suspected of manipulating their real wishes. Only the court can decide the exact definition of undue influence, which is why having a properly drafted will from an experienced attorney is essential.

Join the hundreds of residents in the Boca Raton area who trust the estate planning attorneys at The Berman Law Group. Related services include asset protection planning, trust planning, and advance directive forms.

Office Locations

Get Directions to a Berman Law Group office using Google Maps.

Boca Raton Office: 3351 NW Boca Raton Blvd, Boca Raton, FL 33431. Phone: (561) 338-7594 • Fax: (561) 826-5201

Stuart Office: 789 South Federal Highway, Stuart, FL 34994. Phone: (772) 283-9200 • Fax: (772) 283-9229

Orlando Office: 37 North Orange Ave, Orlando, FL 32801. Phone: (407) 926-6610

Gainesville Office: 805 Northwest 13th Street, Gainesville, FL 32601. Phone: (352) 514-3791 • Fax: (561) 826-5201

← Back to Boca Raton Law Firms  •  BocaRaton.com Home