Is A Will Public Record?

Writing a Last Will and Testament is an essential part of estate planning. It is a legal document that outlines your final wishes regarding the distribution of your assets, money, and property after you pass away. Unfortunately, once your will goes through probate, it becomes a public record. This means that anyone can access and view your will, regardless of whether they are an heir or beneficiary. This public access can create problems and challenges for your loved ones.

The reason why wills become public records is that numerous individuals may have a right to receive assets from an estate when someone passes away. During probate, the personal representative satisfies debts and distributes assets to beneficiaries. Public access to wills makes bringing claims easier for those with a right to an estate, like creditors.

If you would like to keep your estate affairs private, you might consider using a Living Trust as part of your estate plan. A Living Trust is a legal document that allows you to transfer ownership of your assets to a trust. You will continue to control your assets during your lifetime, but after your death, your designated trustee will distribute your assets to your beneficiaries according to your instructions. Living Trusts are not part of the public record, which means your beneficiaries can avoid the lengthy and costly probate process.

The public nature of a Last Will and Testament can be problematic for those who value privacy. Fortunately, Living Trusts offer a way to transfer your assets privately and avoid the probate process. If you are considering creating an estate plan or have questions about how to keep your estate affairs private, reach out to an experienced estate planning attorney who can help you prepare a plan that will protect your family and assets.

For more asset protection strategies to protect your family, CALL US at (407)380-7724 or EMAIL US at mail@themendezlawfirm.com . The first consultation is FREE! We invite you to schedule a consultation to discuss the right estate planning strategy for you! We can help you navigate all the scenarios that may affect your estate and design the best plan to protect you! If you are looking for a Florida estate planning attorney in the Greater Orlando Area, we are here to help with all your Estate Planning and Asset Protection needs.