Wills
A Will is a written direction controlling the disposition of property at death. The laws of each state set the formal requirements for a legal Will.
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Trusts
A Trust is a creature of the law in which one party ‑ the Trustee ‑ has legal ownership of any form of property that has been transferred to him/her or “it” (e.g., a bank) by the person establishing the Trust.
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Probate In Florida
Probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries.
Read MoreMORE FACTS ABOUT WILLS AND PROBATE
A child born after a Will is made receives a share equal to what he/she would have received if the Testator had died without a Will (i.e., intestate) unless: It appears that the omission was intentional, OR the Testator already did have one or more children and left substantially all to the surviving parent of the omitted child.
Marriage does not revoke a person’s Will automatically, but the surviving spouse will receive a share of the estate as if the Testator had died intestate. A divorce and final property settlement bar all claims of the divorced survivor to the estate of the ex‑spouse, if the couple was married when the Will was executed.