A will is a document that protects your loved ones and ensures your wishes about your property are carried out after you die. Every adult should have a will, even if they do not have a lot of assets.
Contact a Florida wills lawyer when you are ready to make a will. Our effective probate attorneys can explain the process, learn your wishes and concerns, and prepare a will that meets your needs.
A Will Gives You Control
When someone dies without a will, the state decides who gets their property. Your spouse will get either all your property or half of it, depending on whether you have children together and whether either of you have children with other partners.
You might prefer to do things differently, especially if you have children or grandchildren. You might want to give some of your property directly to them, or you may want friends or charities to receive gifts when you die.
Having a will allows you to choose who gets your property and how much they receive. A Florida attorney can talk through the implications of the decisions you make in your last will and testament and ensure your will reflects your wishes.
Guardianship for Minor Children
If you have young children, your will can appoint someone you choose to serve as your children’s guardian if you die before they reach adulthood. If you die and their other parent survives, the other parent assumes care of the child except in extraordinary circumstances.
When both parents die, the children must have a guardian. Naming someone in your will helps ensure that they are raised by a person you trust. A court still must approve your choice of guardian, but the wishes of the parents are usually respected.
What a Will Cannot Do
Florida law concerning wills contains certain restrictions to protect family members.
For example, if you do not leave anything to your spouse, they are still entitled to a substantial portion of your property. Florida Statute § 732.210 allows a surviving spouse to claim one-third of your estate if your will does not leave them at least that much. This is called the elective share entitlement. The only way to disinherit a spouse is if they agree to waive their elective share in a prenuptial or postnuptial agreement.
Leaving someone your homestead property in your will can cause unnecessary complications, so it must pass to a surviving spouse or children. If you do not have a spouse or children, you may leave someone your home in your will, but they may not be able to move in or sell the home until probate is complete.
Legal Requirements for a Will to Be Valid
A will must be in writing to be enforceable; Florida courts will not enforce oral wills. A will can be handwritten or typed and must be signed in front of two witnesses. It is preferable that the witnesses are not related to the person making the will (the testator) or any of the people who will inherit under the will (beneficiaries).
Electronic wills are becoming more common, and the law recognizes them as valid if they comply with the requirements in Florida Statute § 732.522. A Florida attorney can oversee the drafting, execution, and storage of an electronic will to ensure it adheres to all legal requirements.
A will is not valid if the person creating it is not of sound mind. Someone who is intermittently coherent may create and sign a will when they are lucid, but the will could be vulnerable to challenge. The wisest strategy is to write and execute a will long before the testator expects to die.
Contact a Florida Attorney Today About Writing a Will
Most people do not like to consider their own death and so they delay writing a will. The impulse to avoid the issue is understandable, but people often feel a sense of relief when they execute their wishes. They know they have done their part to protect their loved ones.
Reach out to The Florida Probate & Family Law Firm to discuss this task with a Florida wills lawyer. Schedule a free case evaluation to speak with us.