Yulee Will Attorney

Yulee Will Lawyer

If you want to secure your legacy and protect the future of your loved ones, you need to engage a Yulee will attorney. An attorney can guide you through the process of creating a will. A will is used to ensure your estate is passed down the way you wish after your death, keeping it away from the probate courts. When looking to create a will, establish a trust, or navigate the complexity of Florida probate courts, will attorneys can be a useful resource to have.

What Is a Will?

A will is a legal document used to outline how a person’s assets such as their investments, real estate, bank accounts, personal property, etc. will be divided upon death. As part of estate planning, a will may also be used to elect guardians for your children, dependents, or pets.

Important terminology you should know includes:

• Testator. This is the creator of the will.
• Executor. This is the person appointed to carry out the will.
• Beneficiary. This is the person or organization who serves to inherit the estate of the testator. This can be a single person or organization, or it could be multiple.

Requirements for a Will in Florida

Under Florida law, there are several key requirements for a will to be valid. These include:

• It must be in writing. Florida does not accept oral wills or wills that have handwritten instructions without witness signatures.
• It must be created by a competent person. Wills can only be created by someone 18 years or older unless they are an emancipated minor, and they are of a sound mind.
• It must be signed. The creator or testator must sign the will. They can make any mark, symbol, signature, letter, or initials so long as they intend it to serve as their signature.
• It must be signed in the presence of two witnesses. The witnesses and the testator must sign the will in the presence of each other. A witness could be any competent person, including a relative or someone who stands to benefit from the will.

Can a Will Be Amended?

If you have a will that no longer accurately reflects your intentions, you can amend it. There are two main ways of doing this: creating a new will or amending your current will with a codicil. Creating a new will is usually the preferred way.

The creation of a new will requires you to revoke the old one. In your new will, there should be stipulations outlining how you revoke the old will. It is possible to revoke certain provisions while maintaining others. Remember that all legal requirements remain the same for the new will as they did for the old one. Once created, you should physically destroy the old will and any copies of it. You should burn it, shred it, or rip it.

FAQs

Q: How Much Should a Will Cost in Florida?

A: The cost of a will can vary depending on how you go about creating it. You could attempt to create a will by yourself without any legal help. These are known as holographic wills and are invalid in Florida. The better option is to hire an estate planning attorney to help draft and your will. The cost of creating a valid will is worth the peace of mind, knowing that it is done correctly by a legal professional. Always look at reviews when choosing an attorney to ensure you are getting trusted and reputable services.

Q: Do I Need a Lawyer for a Will in Florida?

A: While you don’t necessarily need a lawyer for a will in Florida, it is highly recommended. A wise approach for Florida residents is to engage a will lawyer who can create a fully customized will appropriate to their case. Wills are very important documents that outline what happens to your estate after death, and it is worth it to have it done correctly. An experienced will attorney can ensure that your will can stand up to potential contests after your passing.

Q: Does a Will in Florida Need to Be Notarized?

A: No, a will in Florida does not need to be notarized. However, if you wish to make your will “self-proving,” it will be necessary to use a notary. This can make the probate process quicker because it removes the need to search and contact any witnesses for their testimony that you signed the will. To make your will self-proving, you must sign a self-proving affidavit along with your witnesses and have it notarized. If you do not wish to have a self-proving will, you do not need a notary.

Q: What Is Required for a Valid Will in Florida?

A: For a will to be valid in Yulee, Florida, it must be in writing, made by a competent person, and signed by the testator and witnesses. Only a person at least 18 years old or an emancipated minor can create a will. The creator is known as the testator. A will is only valid if it is written. There aren’t any specific words or phrases required, but they must meet all the necessary legal formalities. The state does not recognize holographic (handwritten) or nuncupative (oral) wills.

Q: What Happens If My Will Is Invalid in Florida?

A: If your will is invalid in Florida, the probate courts will act as if you died without a will in place. Thus, your entire estate would likely be distributed according to intestate succession laws. Intestate succession is essentially the state’s default version of a will. Your family members will inherit parts of your estate in the following order: your spouse, children, parents, siblings, etc.

For many people, this is not how they want their estate passed down after death. That is why it is so important to have a proper will in place.

An Attorney That Can Help

At the Law Office of Douglas A. Oberdorfer, P.A., our legal team can help you create a will that will legally protect your wishes after death. Having a will in place will protect your legacy. It is advisable to seek quality and experienced legal counsel to help you so that all of your wishes are carried out in the way that you desire. Contact us at our office today to speak with a member of our legal team for help.