WILLS & LIVING WILLS
Gain Control, Security and Peace of Mind Contact Medina Law Firm: Your Miami-Dade Will & Testament Attorneys

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What is a Will?

A Will is a legal document that outlines how a person’s assets and property should be distributed after their death. It allows individuals to name beneficiaries, designate guardians for minor children, and appoint an executor to handle their estate.

Why a Will is Important?

A Will provides clarity and legal authority to ensure a person’s final wishes are honored. Without one, state laws determine how assets are divided, which may not align with the person’s intentions.

executing a will

The Process

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  • 1 Drafting the Will – The person (testator) writes their wishes regarding asset distribution and guardianship.
  • 2 Signing & Witnessing – The will must be signed and typically witnessed according to state laws.
  • 3 Probate Process – After death, the will goes through probate, where a court ensures it is valid and carried out properly.

What is a Living Will?

A living will is a legal document that outlines a person’s medical preferences in case they become unable to communicate or make decisions due to illness or incapacity. It typically covers choices about life support, resuscitation, and other critical healthcare decisions.

Why a Living Will is Important?

A living will ensures that medical providers and family members follow a person’s healthcare preferences, reducing uncertainty and preventing difficult decisions for loved ones. It is often paired with a Healthcare Power of Attorney, which designates someone to make medical decisions on the person’s behalf. Some people refer to a Living Will as a “right to die with dignity” statement.

executing a living will

The Process

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  • 1 Defining Medical Preferences – The person specifies their wishes for end-of-life care and medical treatment.
  • 2 Signing & Witnessing – The document is signed and often notarized or witnessed, depending on state laws.
  • 3 Activation – The living will takes effect if the person becomes incapacitated and unable to communicate their wishes.

FAQs

Some frequently asked questions and answers about Wills and Living Wills in Florida.

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