Drafting a will is often the first step in estate planning. A will can benefit everyone, no matter your life stage or wealth level. However, one wrong move in the estate planning process could lead to lengthy and expensive proceedings in probate court. Getting a lawyer to assist you with drafting a will is your best means of protecting your family after you pass away. Consult a Fort Lauderdale estate planning attorney at Kramer Green for more information and advice about drafting a will.
Meeting Florida’s Legal Requirements for a Will
The most important reason you need a lawyer to draft a will is to ensure your will is legally valid. Every state, including Florida, has specific legal requirements for a will. Failure to meet those requirements can result in the probate court finding your will to be invalid. If that occurs, your plans for your assets and your family’s future are unlikely to be honored. Hiring a lawyer to assist you in drafting a will is the most crucial step to ensure that your will meets all legal requirements under Florida law.
Florida Statutes Sections 732.501 – 732.504 set forth the legal requirements for wills as follows:
- You must be at least 18 years old to make a will.
- You must be of sound mind to make and sign a will.
- Your will must be in writing.
- You must sign the will yourself, or someone else must sign the will for you in your presence and direction.
- Two competent individuals must be present at the signing of your will to act as witnesses and sign your will.
Florida law also outlines certain procedures you must follow if you want to change your will. You can sign a codicil to your will or a separate document that adds or changes something in your will. You also can revoke your will and sign a whole new will.
However, you must also follow Florida law when signing a codicil or a new will. You cannot just cross out parts of your will or add handwritten notes to your will to make changes. Failure to follow legal procedures for changing your will can result in your will being found legally invalid by the probate court.
Ensuring that Your Will Carries Out Your Wishes
Many people have specific ideas about how they want to distribute their assets following their deaths. They may want some family members or friends to receive certain assets. They may want some family members to receive no assets, or they may want to place limitations on the receipt of assets by some family members. An estate planning lawyer can ensure that your will carries out your wishes and implements your decisions about your estate.
When you draft a will, you must make important decisions about your estate. For instance, you can make the following decisions about your estate in your will:
- Name a personal representative or executor to handle your estate.
- Distribute your assets to certain individuals.
- Make gifts to charity.
- Name a guardian for your children.
- Decide how any taxes should be paid.
- Create a trust to hold certain assets for the benefit of family members or others.
If you don’t have a will when you pass away, state law determines how your property is distributed to your relatives. Florida’s “intestacy” statutes have strict rules about the order in which your relatives will inherit your assets. These statutes contain no exceptions. As a result, not having a will can result in your assets being distributed in a way you don’t want or to people you don’t want to receive the assets.
Look to Kramer Green for Advice about Your Estate Plan
Consulting an attorney to help you draft a will is the best way to ensure your will is legally valid and your wishes are carried out. A Hallendale Beach estate planning lawyer at Kramer, Green, Zuckerman, Greene & Buchsbaum, P.A. can assist you with all aspects of your estate plan, including drafting a will. We know how to structure your will and estate plan to help avoid probate, preserve your assets, and make legal matters less complicated for your family.
We are here to guide you through the complex legal estate planning process. Contact our office today at (954) 966-2112 or online to schedule a time to discuss drafting a will and related estate planning issues with our Pembroke Pines estate planning attorney.