Lake Mary Wills Lawyer 

A will is a legal document that specifies how a person’s property and assets should be distributed and who will be responsible for managing the estate after their death. Without a will, a person is said to die “intestate” and their estate is settled according to state laws, rather than what their personal wishes would have been in with an estate plan.

You should contact a Lake Mary wills lawyer for help creating a comprehensive last will and testament, ensuring your will meets the state’s legal requirements. Our estate planning attorneys can provide the legal knowledge to ensure your wishes are clear and your assets are protected for future generations.

What Are the Common Types of Wills?

There are several types of wills recognized in Florida, and the one that will work best for you depends on your specific circumstances. Florida does not recognize handwritten wills unless they are signed and witnessed according to state requirements, as a printed document would be.

A Lake Mary attorney can help you incorporate a variety of testamentary documents, including a will, into your estate plan. The most common wills that we often see include:

• Simple will –– This is the most common type and is best for straightforward estate plans. It is used to distribute assets, name an executor, and appoint guardians for minor children. While helpful, it does not keep an estate out of probate court.
• Pour-over will ––Used in conjunction with a revocable living trust, this will ensure any assets not already in the trust at the time of your death are transferred into it. This helps keep most of your assets out of probate.
• Mirror-image will –– Created by married couples or domestic partners, these are two separate but nearly identical wills. They leave assets to the surviving spouse, but each partner can still alter their individual will.

The state’s homestead laws place restrictions on how a homestead can be transferred to prevent the disinheritance of a spouse and minor children. These restrictions override a will or trust disposition that conflicts with them. A person generally cannot devise their homestead property if they are survived by a spouse or minor child

What Are the Key Provisions in Wills?

To create a valid will, the person making the will (the testator) must be at least 18 years old and have the mental capacity to understand their actions and assets. Working with a Lake Mary attorney can help ensure your will is valid and tailored to your specific needs under Florida law. Key provisions of this document can include:

• Naming an executor/personal representative –– You will need a person to administer the estate and carry out its instructions. An alternate executor should also be named.
• Beneficiaries–– Clearly identifies the individuals or organizations who will inherit assets.
• Asset distribution –– Outlines how property and other assets should be divided among beneficiaries.
• Residual beneficiaries –– A provision naming a person, people, or entity to inherit any assets not specifically gifted in the will.
• Revocation of prior wills –– A declaration stating that this document is the testator’s last will and revokes all previous wills that may exist.

Florida law requires all wills to be in writing, as oral wills are not recognized. The testator must sign the will in the presence of two competent witnesses, who must also sign it in the presence of the testator and each other.

While not mandatory, a properly executed self-proving affidavit, signed by the testator and witnesses, can simplify the probate court process by affirming the will’s proper execution.

Contact a Lake Mary Attorney for Help in Creating or Implementing a Last Will and Testament

Our Lake Mary wills lawyer at The Probate Pro can ensure your will is drafted correctly to prevent future legal hurdles. We can identify potential issues and draft the will in a way that minimizes the likelihood of it being contested by others during future court proceedings, like probate.

Our legal team can also provide guidance during probate, helping to manage the estate, pay off debts, and ensure the assets are distributed according to the will. Whether you need assistance with estate planning or probate issues, contact The Probate Pro so we can start working on your case.