Skip to main content

Posts

Showing posts with the label Miami probate attorney

Miami Probate Attorney Explains the Importance and Use of a Living Will

According to Miami Probate Attorney , an estate planning attorney in Miami, Florida , living wills and other advance directives, such as a power of attorney for health care, help individuals by describing their preferences regarding their own end-of-life care, and adults of all ages should have advance directives because the unexpected may happen at any age.  He describes living wills as a legal document that describes an individual's preferences regarding their own treatment if they face a serious illness or accident, speaking for them when they cannot speak for themselves.  A living will, also known as a health care declaration , allows individuals to clearly explain what they do and do not want in terms of their own medical care, and it is not necessary to be a medical expert to complete this document, although it helps to be familiar with various medical procedures commonly administered.  In most states in the United States, a living will asks whether or...

Miami Probate Attorney FL

According to Miami probate attorney , the desire to contest a loved one's will is common, but there are only four basic legal reasons for challenging a will, and it's both costly and difficult to succeed. Individuals considering contesting a will in Florida should be aware of the following. The four reasons a will may be legally challenged include: the will was not signed in accordance with Florida laws; the Testator lacked capacity to sign the will; the Testator was unduly influenced; or there is evidence of fraud. In Florida, a will must be signed in the presence of two witnesses, and each must sign the will while the other two watch. Even wills that were executed in an estate attorney's office may not have been signed with the legal formalities, so this is the most common reason a will is ultimately found invalid. Secondly, the Testator, or deceased, must understand the nature and value of the assets, who should logically inherit these assets and the legal ...