The Harry Thomas Hackney Florida Law Blog

July 29, 2007

Do I Need A Will?

Filed under: Estate planning, Living Trusts, Wills, living will — hthackney @ 4:56 pm
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This is probably the most frequently asked question for any estate-planning attorney. Anyone with any property at all, whether real or personal, or with children ought to have a will. Even a person who has nothing may be instantly worth a large sum of money at death, if they are killed through someone else’s negligence or are well insured. For a divorced person with minor children, a will eliminates arguments over who will manage any assets or money left to the children (e.g., an ex-spouse). If you do not have a will, then the state decides who gets your property. In addition, the court will decide who will be your Personal Representative and it may be necessary for that Personal Representative to obtain a bond at the expense of the estate. If you prepare a will, then you can direct that the bond be waived.

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