Frequently Asked Questions
Estate Planning FAQ
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 How
do I know if a Will is Valid?
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What happens if a person dies without a
will?
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Do I need an attorney to draft a will?
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What if I only need a “Simple Will”?
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Are there any advantages to having a trust
instead of a will?
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What is a Heritage Trust?
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What is a living Will?
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What is a Durable Power of Attorney?
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I heard you only need to draft one Power of
Attorney, how come you provide two?
Probate Litigation FAQ
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Coming soon...
Family Law FAQ
- What is a "No Fault" divorce?
- What is a "Fault" divorce?
- Do all states offer "Fault" divorce?
Estate Planning FAQ
1. How do I know if a Will
is Valid?
In Florida a valid will requires: 1) A written
instrument; 2) from an author (Testator) who is at least 18
years old; 2) with a sound mind at the time of signature; 3)
and notarized in front of two witnesses in accordance with
Florida Law.
2. What happens if a person
dies without a will?
If a person dies without a will, also known as dying
intestate, then property will be distributed in strict
accordance with Florida’s Probate code. As a result, no
exceptions will exist for those in need.
3. Do I need an attorney to
draft a will?
No. However, according to the Florida Bar's consumer
pamphlet entitled "Do you have a will?" "The drafting of a
will involves making decisions that require professional
judgment which can be obtained only by years of training,
experience, and study. Only the practicing lawyer can avoid
the innumerable pitfalls and advise the course best suited
for each individual situation."
4. What if I only need a
“Simple Will”?
According to the Florida Bar, "There is no such thing as
a simple will."
5. Are there any advantages
to having a trust instead of a will?
It depends. Some people call them advantages, while
others call them differences. A “living trust,” unlike a
will, allows the “Trustor” to distribute property during
their lifetime. Additionally, a living trust unlike a will
allows the “Trustor” to control the distribution. Further,
the “Trustor” can appoint a “trustee” to manage and
distribute property from the trust. The “Trustor” can even
appoint himself this task, and then someone else upon his
death. To learn more, contact the
Noble Law Firm.
6. What is a Heritage
Trust?
A Heritage Trust is designed to protect the family from
ex-spouses. This trust allows you to segregate your child’s
assets from the marital home. As a result, you can prevent
your property from your child’s ex-spouse, ex-spouse’s
children and creditors.
7. What is a living Will?
In the unlikely event, you suffer from a terminal,
end-stage condition, or persistent vegetative state, a
Living Will allows you to determine whether to continue
life-prolonging procedures. The document allows for you to
determine whether to continue with life-prolonging measure
when suffering from a terminal, end-stage condition, or
persistent vegetative state.
8.What is a Durable Power
of Attorney?
A durable power of Attorney allows for a person to
designate an individual, known as the attorney-in-fact to
make decisions on their behalf. By executing a Durable Power
of Attorney, the Attorney-in-fact is acting as if he were
literally that person. The Attorney-in-fact has a fiduciary
duty to this individual, and therefore subjects himself to
liability if acting improperly.
9. I heard you only need to
draft one Power of Attorney, how come you provide two?
Florida Law allows a person to execute one Durable Power
of Attorney for both Health Care and Property. However, some
people may not feel comfortable making health care
decisions. For this reason and to avoid confusion among
doctors and bankers, The Noble Law Firm prepares at no
additional cost, a Durable Power of Attorney for the Health
Care Surrogate and Durable Power of Attorney for property.
Probate Litigation FAQ
1. Coming Soon...
Family Law FAQ
1. What is a "No Fault"
divorce?
"No fault" divorce describes any divorce where the spouse
suing for divorce does not have to prove that the other
spouse did something wrong. All states allow divorces
regardless of who is at "fault."
To get a no fault divorce, one spouse must simply state a
reason recognized by the state. In most states, it's enough
to declare that the couple cannot get along (this reason
goes by such names as "incompatibility," "irreconcilable
differences," or "irremediable breakdown of the marriage").
In nearly a dozen states, however, the couple must live
apart for a period of months or even years in order to
obtain a no fault divorce.
2. What is a "Fault"
divorce?
A fault divorce may be granted when the proper grounds
for divorce are present and at least one spouse files for
it.
The traditional fault grounds are:
- cruelty (inflicting unnecessary emotional or
physical pain) -- this is the most frequently used
ground for divorce
- adultery
- desertion for a specified length of time
- confinement in prison for a set number of years, and
- physical inability to engage in sexual intercourse,
if it was not disclosed before marriage.
Some people don't want to wait out the period of
separation required by their state's law for a no fault
divorce. And in some states, a spouse who proves the other's
fault may receive a greater share of the marital property or
more alimony.
Husbands or wives in the mood for revenge probably could
come up with a multi-count complaint. Some spouses want the
emotional release of proving fault by their mates. But
courts are not a very good forum for such personal issues,
and the accuser is usually less satisfied than he or she
expected to be. The degree to which "fault" affects division
of property, support, and custody will be discussed in the
chapters on those subjects.
3. Do all states offer
"Fault" divorces?
No, 15 states offer no fault divorce only. This means
that a no fault divorce is the only option even when there
has been substantial wrongdoing.
The other states allow a spouse to select either a no
fault divorce or a fault divorce.
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