Important Things Not To Overlook When Preparing A Will

Many people overlook writing a will until something comes up in their life, and when they do write a will, they may forget to include some things. Will & estate planning firms in Miami have the utmost expertise in preparing a will, and they often tell clients when something important has been overlooked.

Here are some of the most important things lawyers for will and estate planning in Miami say not to overlook when preparing a will, which can help your loved ones avoid a will contest in Miami down the road.

1. Ensure the Executor of the Will Knows Where It Is Stored

One of the most common things that will and estate planning lawyers in Miami come across is a family that cannot find the will after their loved one has passed away. If your will cannot be found, it may as well have not been written at all.

If a will has gone missing as a result of a fire, flood, or other disasters, the probate court may accept a photocopied form of the will.

If the will simply cannot be found, contact the lawyers for will and estate in Miami that the deceased used to draft the will for assistance.

2. Appoint a Successor Executor

While the executor to your will should be one of the most trusted people in your life, unforeseen circumstances can occur and there is always a chance that the primary successor fails or refuses to act in such capacity.

Having a backup executor to your will allows the process to run smoothly after you have passed if your primary executor is unable to fulfill their duties.

As an added measure, speak with the successor executor in detail about the duties they would have to perform to make sure they are aware of the circumstances.

3. Keep a Detailed Inventory of Your Assets

As the world continues to evolve, we accrue more and more assets every year. Between checking accounts, savings accounts, investment accounts, credit cards, and digital assets, it can be easy to forget something in your will.

With most financial information stored online, your loved ones may be unaware of any online assets that are not outlined in your will. Will & estate planning lawyers in Miami suggest that a trusted individual has a record of your usernames and passwords for each online account you own.

4. Make Arrangements for Any Pets

While it may seem odd to picture your pet living longer than you, it is a reality for many people. Will and estate planning lawyers in Miami suggest that you appoint a caregiver for your pet in the case that you pass away before them.

Speak to your trusted loved ones to find out who would be willing and able to care for your pet, and consider naming a secondary caregiver as well. If you do not appoint a caregiver for your pet, it may have to be surrendered to a shelter.

5. Include Names of People Who Should Not Receive Anything

If for any reason there is a specific person or people who you do not want to receive anything from your will, make it clear by writing their name.

If your loved ones are going through your assets and belongings following your passing, this person may want to contest the will in Miami, creating challenges for both the executor and your will & estate planning lawyer in Miami.

Without explicit instructions, your property may end up in the wrong person’s hands.

6. Designate Certain Belongings

If you have many close family members such as children or grandchildren, they might have a hard time designating who gets what after your passing.

While it may be a tough conversation to have, speak to each of your loved ones to find out what items are special to them that they would like to have after you pass away. Designating specific items to specific people in your will can save them trouble while sorting through your belongings.

7. Don’t Include Burial Wishes

A common mistake that lawyers for will and estate in Miami see are the afterlife care instructions solely being included in the will. Many families do not even look at the will until days or weeks after their loved one passes, meaning your burial wishes might be overlooked.

If you have specific wishes for your wake, funeral, or burial, make them known to your loved ones before your passing, or write them in a letter that they will see sooner than your will.

While you can certainly feel free about adding your burial wishes in your will, keep in mind that it may not be the first thing your loved ones look at immediately after your passing.

8. Provisions for Older Adults

It is scary to think that you may pass away before any elders that you care for, but will and estate planning lawyers in Miami have experienced it before.

If there are any elders that you are the primary caregiver for, make sure to include them in your will regarding who will be their new caregiver, where they will live, and what assets they will receive.

Why You Need a Lawyer to Prepare Your Will

Many people choose to forgo hiring a lawyer during will preparation because their estate is small, their family gets along perfectly, or they are planning on equally distributing their assets. Even the situations and circumstances that seem the most simple can turn out to be complex challenges that end up as a contested will in Miami.

Appointing the help of a lawyer when preparing your will ensures that you did not overlook anything important and that you understand what will happen during the probate process after you pass away.

Your lawyer will be able to offer you any advice on matters that you are unsure of, and they will get to know your history and the history of your family well to make any recommendations.

It is always better to prepare a will sooner rather than later because you never know when it will come time to need one.

Guardianships and Conservatorships Can Help Protect Loved Ones

In certain situations, guardianships and conservatorships should be taken into consideration in order to protect your loved ones. This may be a difficult situation for some but there are some cases where you're wanting to take care of a family member and you have no other choice than to include guardianships and conservatorships.

Now, you may be wondering what guardianships and conservatorships are and if that’s the case then you’ve come to the right place! Make sure to stick around for reasoning behind guardianship litigation and conservatorships that you can find in Miami because you never know when you might need the information to help your loved ones!

What’s The Purpose of Guardianships?

To begin with, you may be wondering what's all involved with both guardianship and conservatorship and how it can actually protect family members and the ones you love most. Well, right off the bat, guardianships are considered to be a legal relationship that's formed when either a person or the institution that can be found in the will ends up taking care of incapacitated adults or even children that are minors.

This can also be known as a conservatorship! Estate and probate attorneys in Miami can answer any questions or concerns you may have regarding the purpose of guardianships & conservatorships!

There are some certain requirements you need in order to become a guardian and according to US Legal, they state “To become a guardian of a child either the party intending to be the guardian or another family member, a close friend or a local official responsible for a minor's welfare will petition the court to appoint the guardian. The judge does not have to honor the request when someone is named in a will as guardian of one's child in case of the death of the parent, it is construed as a preference, but is usually honored.”

As you can see from the statement above, there are necessary steps that need to be taken in order for you to become the official guardian for a minor child or even a family member that can no longer take care of themselves. So, you want to make sure you made the necessary requirements when planning on becoming a legal guardian and guardianship litigation in Miami can help with this!

However, keep in mind the judge doesn't have to honor the request even though there's a name already on the will as a guardian. But, no need to stress out because nine times out of ten they end up honoring it. If you end up feeling overwhelmed or possibly stuck on where to begin, you may want to look into attorneys that deal with guardianship, located in Miami.

How Conservatorship Help Loved Ones

You may be interested in how conservators help loved ones and protect them. Many people say conservatorships and guardianship litigation that can be located in Miami is the same thing but contrary to popular belief, they're a bit different. This is mainly because limited conservatorships are often required in multiple states and if this happens, the court ends up appointing a conservator to take responsibility and control of the conservatee.

There are two types of conservatorships and according to LegalZoom, they state, “Limited conservatorship of the person is responsible for taking care of the personal needs of the conservatee.

Limited conservatorship of the estate is responsible for taking care of the financial needs of the conservatee. While one person might take on the responsibilities of both types, it's also not unusual to have one person appointed the conservator of the person while another is given responsibility as conservator of the estate.”

Conservatorships can help protect loved ones due to the fact that they're able to have full responsibility for a person that can no longer take care of themselves or children that are under age. They’re able to take care of loved ones and this means that they can take care of loved ones physically and also financially.

When it comes to someone who can no longer take care of themselves or they have a disability where they are unable to take care of themselves or handle finances, that's when a conservatorship should be applied.

Who to Get in Touch With For Guardianships and Conservatorships?

If you find yourself in a situation where you need to get in contact with someone to discuss guardianships and conservatorships, then it's important for you to understand who to call or email to make sure you're going in the right direction!

With that being said, attorneys that have practice in guardianships in Miami are a great place for you to start. These attorneys are able to provide insight on everything you need in order to begin the process of guardianship or conservatorship.

Vasquez De Lara Law Group - This law firm that has attorneys that specialize in divorce and family law has a practice area in guardianship so you may want to check out at this firm if you're located in Miami. who knows, this might be the firm that suits you best in reference to assist with guardianship.

Another type of attorney that you may be interested in learning more about would be probate and estate attorneys located in Miami. If you're in need of someone to assist you when it comes to becoming a guardian for someone, getting in contact with one of these attorneys will allow you to have more knowledge on wills, trusts, and any type of estate planning in regard to the person you want to take care of.

The Lions’ Den Attorneys At Law - This specific probate and estate attorney firm, in Miami, has multiple practices such as real estate, family, probate, estate planning, corporate, and criminal law. They're perfect for anyone wanting to discuss more in-depth topics relating to these practices in order to help protect your loved ones and keep them safe for years to come.

One thing you should definitely take note of is that guardianship and conservatorship are becoming more and more popular in today's day and age. This is mainly because people are wanting to protect their loved ones and give them the best life they can as long as possible. One of the best ways to do this is to get the ball rolling and have your loved ones completely protected today!