WILLS & WILL PREPARATION
What is a Will?
A will is a document used to direct how property should be distributed.
What are Florida’s requirements for Will creation?
The laws of each state vary regarding the formal requirements for a legal will. As for Florida, the state requires that:
- The maker of the will (the “testator”) must be at least 18 years old.
- The testator must be of sound mind at the time of signing.
- The will must be written.
- The will must be witnessed and notarized.
- The will must be proved valid by the probate court.
Who are the key parties involved in a Will?
- Testator: the person who makes and executes a will.
- Beneficiary: the person(s) who will receive assets from the testator’s estate. Sometimes referred to as “heirs.”
- Personal Representative: the person who is appointed by the court to manage the estate. Usually, the personal representative is named in the will and a family member or friend of the testator. In the absence of a will, Florida Statute §733.301(1)(b) outlines who can be appointed as a personal representative.
- An Estate Planning Attorney: These attorneys practice a very specific field of law and are responsible for making sure that the client’s wishes are appropriately reflected in their will, while also minimizing the risk of future legal challenges to the will’s validity.
Why is having a Will important?
- With a will, you can dictate who inherits the assets a part of your estate. If you die without a will (“intestate”), your assets will be distributed according to Florida’s intestacy laws, per §732.101-732.111.
- Having a will makes the probate process run smoothly because it serves as a clear expression of your wishes. Probate is the court-supervised process of settling a deceased person’s (the “decedent”) estate.
- In your will you can choose who will be the person to manage your estate and distribute its assets according to your wishes. Commonly referred to as the “personal representative.”
- For large estates, having a will can reduce estate taxes.
When should you update your Will?
It is recommended that you review your will every three to five years. Nonetheless, you should update your will when:
- Children are born or adopted
- If you are considering divorce or recently divorced
- When your children get married
- When the personal representative or a beneficiary dies
- If you cannot locate your original will
- If you have significant financial changes
Wills in Fort Lauderdale
Why Choose Us?
- Conveniently located off I-95 and I-595 in Fort Lauderdale, Florida.
- Over 50 Years of Combined Elder Law and Estate Planning Experience
- Highly Reviewed Online
- Caring and Affordable Representation
- Experienced With Health Care Proxies / Health Care Surrogate Designations
At the Law Offices of Odelia Goldberg, we view wills as one of the many tools (along with trusts) available to constructing a well thought-out, customized estate plan. Our practice will facilitate conversations to think through “what if” scenarios to properly name the executor, make specific bequests to beneficiaries, dispose of property, set up a trust (if needed), and name guardians for children.
Please call our office at 954-799-4116 to discuss how The Law Offices of Odelia Goldberg can help you with your legal issues. Virtual and telephone appointments are available. In some cases, home or hospital appointments may be arranged.
