Stewart Law

Estate Planning

Wills & Living Wills

A will is the cornerstone of any estate plan. Without one, Florida law — not you — decides what happens to your assets and who cares for your children.

What is a Last Will and Testament?

A last will and testament is a legal document that expresses your wishes regarding the distribution of your assets after your death. It names the people or organizations who will receive your property (your "beneficiaries"), designates an executor to carry out your wishes, and — critically — names a guardian for any minor children.

Without a valid will, Florida's intestacy laws determine who inherits your estate. This can result in assets going to people you wouldn't have chosen, family disputes, and a lengthy, expensive probate process. A properly drafted will gives you control over what happens to everything you've worked for.

In Florida, a valid will must be in writing, signed by the testator (you), and witnessed by two individuals who are present at the same time. Our attorneys ensure your will meets all Florida legal requirements and clearly reflects your intentions.

What is a Living Will?

A living will — also called an advance directive — is a separate document that expresses your wishes regarding medical treatment if you become incapacitated and are unable to communicate. It tells your doctors and family members what life-sustaining treatments you do or do not want if you are in a terminal condition, end-stage condition, or persistent vegetative state.

A living will is not about giving up — it's about being in control. It spares your loved ones from having to make agonizing decisions on your behalf and ensures that your medical care reflects your personal values and wishes.

Florida law specifically recognizes living wills and provides a framework for their execution. Our attorneys will draft a living will that is legally valid in Florida and clearly communicates your wishes.

Why You Need Both

A last will and testament addresses what happens to your assets after you die. A living will addresses what happens to you while you're still alive but unable to speak for yourself. Together, they form the foundation of a complete estate plan — one that protects you, your family, and your legacy at every stage.

Ready to Create Your Will?

Stewart Law provides flat-fee will drafting for Melbourne and Brevard County residents. Call (321) 541-6845 or schedule a consultation online.

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Stewart Law

Boutique legal services based in Melbourne, FL and serving clients throughout Florida. Focused practice. Experienced counsel. Real results. Statewide.

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