Florida Wills - Requirements and Commonly Asked Questions

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FLORIDA WILLS Requirements and Commonly Asked
Questions
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What is a last will and testament?
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• Often simply referred to as a will, a last will
  and testament is a legal document that controls
  how your property will be disposed of after you
  die.

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Like all other states, Florida has its own laws
that govern how Florida residents can make a will.
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What does a will do?
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Wills are essential for every adult to make
because they are the only legal document that
allows you to make specific types of decisions.
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• Property.
• Through your will you can choose who inherits
  your property.

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• Property.
• Through your will you can choose who inherits
  your property.

• Guardians.
• If you are a parent of minor children you can use
  your will to appoint a guardian who will care for
  them should you die.

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• Property.
• Through your will you can choose who inherits
  your property.

• Guardians.
• If you are a parent of minor children you can use
  your will to appoint a guardian who will care for
  them should you die.

• Estate Administrator.
• You can select who will manage your estate by
  appointing someone in your will.

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Floridas Will Requirements
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The state of Florida allows for one type of will,
sometimes called an attested will.
State law establishes several criteria that all
wills must meet before a court can determine that
it is a legally valid document.
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• Written.
• You have to make your will in writing, and you
  cannot make an entirely handwritten will in
  Florida.

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• Written.
• You have to make your will in writing, and you
  cannot make an entirely handwritten will in
  Florida.
• Signed.
• Everyone making a will has to sign it, or if
  physically unable, direct someone else to sign on
  their behalf.

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• Written.
• You have to make your will in writing, and you
  cannot make an entirely handwritten will in
  Florida.
• Signed.
• Everyone making a will has to sign it, or if
  physically unable, direct someone else to sign on
  their behalf.
• Witnessed.
• Two competent adult witnesses must see you sign
  your will or hear you affirm that you signed it.
  They must then sign as witnesses.

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Wills Not Recognized
While some states accept other types of wills,
you cannot make anything but an attested will in
Florida.
However, if you live in another state one of the
two following types of wills may be allowed.
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Oral Wills
A will in which you express your wishes verbally
in front of witnesses.
Handwritten Wills
A will you make entirely in your own handwriting.
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testator
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Anyone who makes a will is known as a testator.
In the past, testator referred to a male
making a will while testatrix referred to a
female. Today the term testator is often used to
refer to anyone who makes a will regardless of
their sex.
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Testator Capacity
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The legal ability to create a will is known as
capacity.
In addition to the requirements of writing,
signing, and witnessing, all testators must meet
Floridas capacity requirements.
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Testator Decisions
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TESTATORS HAVE A RANGE OF OPTIONS TO CHOOSE FROM
WHEN MAKING THEIR WILLS.
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Not only can you choose to distribute your
property, you can also choose
Executor. After you die, a Florida probate court
will have to determine if your will is valid.
Through your will you can appoint someone who
represents your interests during this process.
This person is called an executor, or an estate
administrator.
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Guardian. You can also select a guardian if you
have minor children. While your childs other
parent will still have parenting rights should
you die, a court will have to appoint a guardian
should both of you die.
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• When you make inheritance choices in your will,
  its always possible that the person who stands
  to receive the inheritance dies before you do.
• Survivorship clauses address this possibility and
  determine who inherits the property in such a
  situation.

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These are only a handful of some of the important
and optional clauses your will can include.
Your lawyer will guide you through the process
of selecting clauses appropriate to your
situation.
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A Popular Choice Not Making a Will
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Intestacy
Every competent adult in Florida has the right to
make a will. However, many people never do so.
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• In the situation where someone dies without a
  will, known as dying intestate, Floridas laws of
  intestate succession determine who inherits your
  property.

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These laws apply automatically whether you want
them to or not, and the only way to avoid them is
to create a valid will.
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It is especially important to create a will if
you have minor children. If both of your childs
parents should die, a court will have to appoint
a guardian.
Minor Children
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If you do not have a will, the court will select
whomever it believes is appropriate.
In such a situation you will have no say over who
the court appoints unless you have created a will
that specifically names your choice of guardian.
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Other Concerns
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NOT LEAVING AN INHERITANCE
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A will is not a contract, and, generally
speaking, you have the right to leave your
property to whomever you wish.
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However, There Are Some Exceptions
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Your Spouse. You cannot disinherit a spouse in
Florida. All spouses are entitled to receive at
least a portion of your estate even if you forget
to mention the spouse in your will.
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Children. While you can disinherit an adult
child by choosing not to leave the child an
inheritance, Florida law does not allow you to
completely disinherit a minor child.
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Making Changes
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Your needs change over time, and your will should
reflect your current situation. When a major
life event takes place you need to change the
terms of your will or create a new one to reflect
your new situation.
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Two Basic Ways To Change Your Will
1. Codicil. A codicil is a written document you
add to your will that changes some of its terms.
Codicils must meet the same requirements as a
will in Florida.
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Two Basic Ways To Change Your Will
2. Rewritten Will. If you want to make major
changes it's best to completely rewrite your
will. You have the right to change your will at
any time, and you do not have to ask anyones
permission to do so. All you have to do is make
sure the will meets all Florida legal
requirements.
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FINAL THOUGHTS
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Too many people fail to make a will because they
do not like thinking about it, they believe they
will have time to do it later, or for any number
of reasons.
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Do Not Delay
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CREATE YOUR WILL AS SOON AS YOU CAN SO YOU CAN
HAVE PEACE OF MIND KNOWING THAT IT IS THERE WHEN
ITS NEEDED.
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Wills Are Not
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Advance Directives.
Wills cannot tell your doctors or family what
kind of medical care you want to receive. An
advance directive, such as a living will, will
allow you to do this.
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Powers of Attorney. A power of attorney gives
someone else the ability to manage your finances
or make medical decisions for you. Wills cannot
do this.
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• Trusts.
• A trust is sort of like a corporation that you
  create and transfer your property to. You can use
  a trust to distribute your property after you
  die, and doing so will allow your estate to
  effectively avoid probate.

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To know more about wills and estate planning in
the state of Florida,
Please visit the Estate and Medicaid Planning
Information Center Port St. Lucie and Vero Beach
FL, brought to you by Robert J. Kulas Attorneys
at Law.