Last Will and Testament
A “last will”, also called “testament” is a written legal instrument, in which a person disposes of his or her property after death. Under Florida law, in order to be valid, a will must fulfill certain legal requirements. Wills must be probated by probate court in probate proceedings. After one’s death, a will must be filed with the court and go through probate proceedings. The custodian of the deceased’s original will, must file the will with the Clerk of the Court in the county where the decedent was domiciled, within 10 days after learning the person is deceased.
A will typically appoints a person to administer the deceased’s estate, so-called Personal Representative. If no Personal Representative has been named, the probate court will appoint a Personal Representative. Florida rules of law govern, who can become a Personal Representative and how will she or he be compensated.
A “living will” is a written legal instrument stating a person’s desires regarding his or her medical treatment and/or end-of-life medical care in case of serious illness when they are no longer able to express informed consent and communicate their decisions to physicians and medical personnel. It is also called a “health care directive” or “advance directive”. A “living will” is different then a regular will, in which a person expresses their desires regarding distribution of their assets after death. Unlike a will, a “living will” applies when a person is alive and has no power after one’s death.
A “living will” is a very important document, which can give doctors and family members invaluable guidance with making critical decisions as to a choice of medical treatment when a person becomes seriously ill and can no longer give informed consent and communicate their preferences.
Attorney Piasecka offers FLAT RATES for the preparation of last will and testaments and living wills in Clearwater, Florida.
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