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Amelia Island Will Lawyer

Nobody enjoys preparing for the end of their life, but certain cases warrant such preparation. Estate planning is important, as it provides you with the opportunity to make your own decisions regarding how your final wishes will be carried out. However, you cannot simply write your own document and expect it to be legally binding. There’s a process that must be followed, and speaking with an Amelia Island will attorney & law firm is a smart place to start.

At the Law Office of Douglas A. Oberdorfer, P.A., our team has spent years helping residents of Florida create estate plans and wills that help them feel comfortable. While forming a will may seem intimidating, working with one of our passionate team members can help the process go smoothly.

What Exactly Does a Will Accomplish?

A last will and testament is a legally binding document that provides your loved ones, business partners, and even employees with detailed instructions on how to handle your estate after you have passed away. You do not have to wait until your last days to start drafting a will. In fact, it is recommended that anybody with significant assets create a last will and testament early on. This way, you can update it accordingly as life goes on.

After all, you never know when it is your time, and without a will, there’s no telling who will receive the majority of your assets or whether your wishes will ever even be considered. That’s why it’s important to form a legally binding will with an experienced attorney. You may also want to consider storing the will in a safe, secure place. In many cases, your attorney may also be able to hold onto your will for safekeeping.

Requirements for Drafting a Will in Florida

If your will is not drafted properly or does not meet all of Florida’s legal requirements, it may cause delays during the probate process or possibly be thrown out entirely. It is imperative that you meet the state’s requirements when drafting your last will and testament to ensure your desires can be followed as you wish.

In Florida, a will must meet the following requirements in order to be considered legally valid:

  • Age Requirement: In order to draft a legal last will and testament, you must be at least 18 years old or an emancipated minor. You must be in control of your own assets and willfully able to make an important legal decision regarding your future. Any will that is drafted by a minor under 18 years old is not considered legally valid in the state of Florida and will likely be ignored upon the testator’s death.
  • Mental Fitness: In addition to being of legal age, you must also be of sound mind. In order to draft a will, you must be mentally fit to understand what you are doing and the implications of your requests. The individual drafting the will must understand the act of creating a will, the effect that their actions will have, and the identity of those they wish to name as beneficiaries.
  • Witnesses: Finally, to further aid in proving the validity of a Florida will, you will need at least two witnesses to sign said will. You and two witnesses must sign the will in front of one another, which will confirm your intent and lead to the correct execution of the will in question. Without witnesses, anybody can say the will is a forgery or not valid. Witness signatures reinforce the strength and legality of the will.

Amelia Island Wills FAQs

Q: How Much Should a Will Cost in Florida?

A: Depending on the estate planning attorney you choose to assist in drafting your will, you could expect to spend anywhere from $350 to $1,200 on creating your last will and testament in Amelia Island, Florida. This factors in a number of important elements, including attorney fees, the complexity of your estate, and your intended method of execution. Drafting your own will could be cheaper, but it could also result in many mistakes that an estate planning attorney would not make.

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

A: No, you technically do not need a lawyer to draft a will in Florida. If you are knowledgeable in estate planning law and feel comfortable developing your own will, you can do so by all means. However, you must still adhere to Florida’s requirements for a last will and testament. It is generally recommended that everyone works with an estate planning lawyer to ensure that the will you have drafted is legally enforceable.

Q: What Are the Requirements for a Valid Will in Florida?

A: There are a number of significant requirements for creating a valid will in Florida. All of them must be met in order to make sure that your last will and testament is legally binding and enforceable when the time comes. Those requirements include being 18 years of age, being of mentally sound mind, and having two witnesses sign the will.

Q: Can I Do My Own Will in Florida?

A: Yes, you can draft your own will in Florida. If you are certain how you want your assets to be handled at the time of your death and you understand the implications and requirements of drafting a last will and testament, you can attempt to draft your own will. However, legal professionals and family members alike may implore you to work with a skilled attorney who can ensure you follow the process properly.

Speak to an Amelia Island Estate Planning Attorney Today

Drafting a last will and testament may be a difficult, emotional, and somewhat stressful process. While you can attempt to draft one on your own, the legal aid and support of an accomplished estate planning lawyer can make an immense difference.

The Law Office of Douglas A. Oberdorfer, P.A. has been helping clients manage their estates and plan their wills for over 20 years. We take pride in being our clients’ source for sound legal counsel and are prepared to walk you through each step of the estate planning process here in Amelia Island. Contact us to schedule a consultation as soon as you can.

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