Many people dismiss the importance of having a will until their family suffers the repercussions of their loved one's failure to prepare one. Taking a proactive approach to the future, such as establishing a will or estate plan, ensures the protection of your family and your assets. Although creating a legally-binding will is not simple, a Florida will attorney can provide you with comprehensive legal support.
At Fleysher Law, our Florida will attorney is here to help you build and protect your legacy. Our experienced estate planning lawyer understands how essential a well-drafted will is for your family's future. Whether you need in-depth and complex planning for your estate or a straightforward will with simple instructions, we can help.
Our knowledgeable Florida will attorneys have decades of experience helping our clients with necessary estate documents. Our main goal is to help you and your family craft a thoughtful estate plan for the future. Contact us at (888) 886-0020 to schedule a free consultation protected by an attorney-client relationship.
Under Florida law, its residents have the privilege to dispose of their property as they see fit at death. But they can only gain this freedom by executing a valid will. For a Florida will to be effective, it must meet certain formalities. People who do not correctly establish a will can leave catastrophic aftermath for their families.
By trusting a Florida will attorney, you can rest easy knowing that an experienced attorney listens to your needs and creates a will that meets your goal.
Our will lawyer can:
A Florida will, also known as the last will, is a legal document detailing how an individual wants their property to be distributed after death. In a will, you can name a guardian of your minor children and designate the people responsible for distributing and managing your property. Florida law determines who will inherit your assets if you die without a will. But a last will and testament will override the default inheritance provisions of the state law.
It's a common misconception that only wealthy people or those with intricate assets need wills. But, this estate planning document can give you more benefits than you thought:
Any individual who is of sound mind can make a will. Your will must meet the following requirements to be valid:
In Florida, the testator can make minor changes to their will through a codicil. A codicil is a legal document dictating any amendments or clarifications to your last will without having to rewrite the whole document. A codicil is an excellent tool to keep your will up to date. However, to make it valid, a codicil must meet the formal requirements of a will.
A will can't avoid the probate process. It is usually imperative to go through probate when there's a will. A probate court process determines the will's validity and interprets its instructions. Many people want to avoid the probate process as they deem it a roadblock between them and the resolution of their loved one's estate and wishes. With careful planning and preparation of your estate using different legal tools, your party can sometimes avoid probate.
As an estate planning tool, a living will let you describe what your loved ones should do about your medical and palliative care if you become incapacitated to make those decisions yourself. A last will only take effect once you pass away, but a living will handle such affairs while you're still alive. Making a living will is more complicated than the last will because you have to think thoroughly about how to make your life more comfortable when terminal illness, advanced age, or chronic injury has left you unable to look after yourself.
A living will include:
Two types of wills are not recognized in Florida:
In Florida, a person who dies without a will is considered to have died intestate. Florida Statute Chapter 732, Part I explains the consequences of dying intestate in Florida. This statute dictates how a person's property is divided among heirs, such as the decedent's children, spouse, and other heirs.
The average cost of a will depends on which part of Florida you are in. For instance, the Florida metro's average cost of establishing a legally-binding will is under $500. The average fee for drafting a will typically excludes a consultation with an attorney and estate planning.
Having an estate planning attorney draft your will is more expensive. But the higher fee can be worthwhile if you seek legal advice about how you must draft your will, how you can customize it, and if certain options are best for your needs. An excellent will attorney will not simply sell you a form; they will ensure that your specific needs and wishes are fulfilled.
A carefully drafted will has two key parts:
Here are a few ways to revoke your Florida will:
Yes. You can write your own will without a will attorney or using a document service. However, you will still need to follow all the will requirements under Florida law. Part V of Chapter 32 of the Florida Statutes outlines the will requirements.
Personal representatives, also known as executors, are people explicitly named in a will who will be in charge of managing your estate. Their duties include:
The personal representative has the authority to hire a probate lawyer, certified public accountant, and other professionals to assist with the process. The personal representative is required to report to the probate court occasionally.
Yes. If you already have a valid will in Florida, it is always advisable to have it reviewed when your circumstances have changed. Remarriage, additional children and stepchildren, divorce, and an increase in your assets and property are just a few reasons to revisit your will.
Yes. You can cancel your old will by creating a new one. But it must contain a statement that revokes all previous wills. It is an excellent time to update your will if you are legally separated. For instance, if your ex-spouse is your current personal representative, you may change that and appoint a new one. You may also make amendments to your heirs and update the distribution of your assets based on your post-divorce circumstances. Our Florida 'will lawyer near me' can guide you through the process to ensure crucial life changes are fully addressed in your updated will.
No. A living will is not the same as your last will and testament. Generally, a living will is a legal document instructing anyone or your doctor to withdraw or withhold life-sustaining procedures.
Your will remains valid unless:
Wills are essential aspects of an estate plan. You may prepare a will on your own, but unintended consequences could arise. By having an estate planning lawyer on your side, you can rest easy that your will is created in a way that protects your interests and accounts for all known eventualities.
At our law firm, we take time to speak, listen, and understand the unique needs of our clients. We put our decades of experience to work to create the appropriate estate plan to address your needs. Don't hesitate to contact us to schedule a free consultation with a Florida will lawyer. The estate planning lawyer at Fleysher Law can review your needs, build a plan for your estate, and create a well-suited will for your unique situation.