So many people put off making a will, continually pushing to the back of their priority list or, worse, not putting it on the list in the first place. They’re convinced they won’t need it for years, and while that’s hopefully true, it’s important for everyone to have a valid will. Whenever it is that you do pass away, you’ll want your loved ones to have clear guidance for how you wish your assets to be distributed.
Longtime Florida residents and those who’ve recently moved to the Sunshine State need to understand the specific requirements involved in drafting a will–formally known as a last will and testament–in accordance with state law.
The Law Office of Gary M. Landau, located in Coral Springs, helps Coral Springs families and others throughout Florida create wills that are both tailored to clients’ specific needs and are legally valid.
Planning for what will happen to your estate–no matter how much or how little you have, and how old or healthy you are–is important. In Florida, this planning typically starts by drafting a will.
This blog by a knowledgeable Florida estate planning attorney describes everything you need to know about creating your will.
Why Do I Need a Valid Last Will and Testament?
A will is an important, binding legal document that dictates how your property, money, and other valuables will be distributed after your death. Without a properly executed will, the Probate Court, applying Florida’s “intestacy laws,” gets to determine who gets your stuff.
(To learn more, read our blog What Happens When Someone Dies Without a Will in Florida?)
Having a will is especially crucial if you have minor children, because in the document you can name the guardian you want to care for your children should both of their parents tragically pass before they reach adulthood. Absent a will, family members may battle for guardianship in court, a process that can be psychologically harmful to children and shatter family ties.
Married couples need to draft two wills, one for each spouse.
After they are written, wills must be carefully executed according to Florida’s strict legal requirements. Without proper execution, courts can later deem a will to be invalid.
The Risks of DIY Wills
Online platforms offering cheap and easy DIY wills may seem appealing, but in some cases using them leads to costly mistakes. Some of their templates are poorly drafted, using language that is either vague or that fails to account for Florida’s specific requirements.
One requirement, for example: Florida law mandates that wills be signed in the presence of two witnesses. Failing to do that jeopardizes the validity of the will.
When you consult an experienced estate planning law firm to draft your will, you avoid potential legal problems later–when you are not around to fix them–and ensure your intentions for your assets are honored after your death.
(To learn more, read our blog Common Mistakes in Wills: Lessons Learned from Recent Probate Cases in Florida)
Steps to Creating a Will in Florida
Whether you live in Coral Springs, other parts of South Florida, or elsewhere in the state of Florida, our law firm helps clients navigate the legal aspects of drafting a will. Our legal professionals, knowledgeable in estate planning, will guide you through the following steps:
1. Gather Necessary Information
The first step in creating a will is to think about who you want to receive your assets after you pass away. Should your home be split equally among your grown children, or should it be left to the one who has expressed a desire to live in it? Do you have a beloved friend you’d want to bequeath your antique vase collection that they’ve always loved? Is there a charity that means a lot to you that you’d want to support with a posthumous donation? Determining what you want your will to accomplish is the most important first step.
You’ll also need the full names and their relationship to you (e.g., son, niece, friend) .of all the people you will be naming in your will.
To make this step easier for you to ponder, the Law Office of Gary M. Landau has created an online form that includes all the questions you’ll need to answer during your first wills appointment with the firm. Filling out this optional form makes it easy for you to get started with our firm.
2. Work with an Attorney
Once you’ve outlined your wishes, you and your skilled will lawyer will put that information into language recognized by the courts.
At the Law Office of Gary M. Landau, we draft and execute every aspect of your will in compliance with Florida statutes. Our law firm serves clients throughout the state, meeting with them by phone or Zoom.
3. Choose Your Allocations to Your Beneficiaries
Are you planning to divide your assets equally to all of your adult children, or is there one who might need more, perhaps because they’re less able to care for themselves? Deciding how much of your estate to allocate can be especially complicated for people in second (or third) marriages who have both biological and step-children.
You’ll also need to designate backup beneficiaries in case any of your primary choices predecease you or cannot inherit for other reasons.
4. Appoint a Personal Representative
The personal representative (PR) is the person tasked with fulfilling the instructions outlined in your will. Our law firm recommends choosing carefully, selecting someone who is organized, responsible, trustworthy, and capable.
The person must also meet the legal requirements under Florida law. For example, for a Florida will the PR must be a Florida resident or related to you in a way that accords with Florida law.
Here, too, you’ll want to designate a backup PR in case your original designee is unable or unwilling to serve in the role.
5. Name a Guardian if You Have Minor Children
If you are a parent of children under age 18, you can designate your choice for who will raise and be legally responsible for your children should their parents and/or legal guardians pass away before they become adults.
As experienced estate planning attorneys will advise, it’s important to select someone who shares your values and parenting style. Be sure to discuss your desire with the person before naming them in the will, to make sure they are willing to accept such a major responsibility.
6. Decide on Special Gifts
If you want specific items like jewelry, family heirlooms, or vehicles to go to particular individuals, you can include those details in a personal property statement that accompanies your will. This information is not included directly in the will and you can update it any time without needing to redo your will.
This is not mandatory, but making such a list ensures that valuable or sentimental items pass to people who will appreciate them as much as you do.
7. Execute the Will Properly
Florida law mandates that you sign your will in the presence of two witnesses, who must also sign the document.
Although not required, our law firm recommends that the witnesses also sign a second document, called a self-proving affidavit, which our office notarizes. This notarized document eliminates the need to later call the witnesses to court in order to verify the will.
8. Keep Your Will Up to Date
Life changes like marriage, divorce, the birth of a child, significant financial shifts, or the premature passing of people you’ve designated as beneficiaries or a personal representative can affect your will.
That’s why it’s important to regularly review and update your will. Wills should be reevaluated any time you experience a significant life change or, at minimum, every five years.
Why Choose the Law Office of Gary M. Landau?
Our Coral Springs office serves clients throughout Florida, providing personalized legal solutions for everything from wills and trusts to probate representation. Whether you live in South Florida, North Florida, or anywhere in the state, when you consult the Law Office of Gary M. Landau, you can expect the following:
- Experience and Knowledge: We have a deep understanding of Florida’s estate planning laws.
- Personalized Service: Attorney Gary M. Landau recognizes the uniqueness of each client’s circumstances. Estate planning is not a one-size-fits-all approach but a process requiring individualized solutions and strict attention to detail.
- Flexible Consultation Options: We meet clients in person, by phone, or over Zoom to accommodate busy schedules and geographical constraints.
- Accessibility Across Florida: The law office is located in Coral Springs, but we serve clients all around the state.
- Peace of Mind: You can feel confident that the will our firm drafts for you is thorough, accurate, and legally binding.
(To learn more, read our blog Understanding the Benefits of Estate Planning in Florida)
Protect Your Interests & Create a Comprehensive Estate Plan with the Law Office of Gary M. Landau
As seasoned attorneys know, life is unpredictable, and a legally compliant will protects your family and loved ones no matter what tomorrow brings. Don’t search online for a “will attorney near me?” Contact the Law Office of Gary M. Landau today.
With more than 25 years of experience in our practice areas and countless satisfied clients, Gary M. Landau and his team are uniquely positioned to help you with your probate and real estate needs in Coral Springs, Parkland, and throughout Florida. Whether you’re ready to probate a loved one’s estate or to write your own will, or if you are purchasing a home, have inherited a home, or want a closing agent to handle title insurance and all documents for your closing or refinancing, the LAW OFFICE OF GARY M. LANDAU, P.A. is ready to work with you.
Call our office at (954) 979-6566 or complete our online form today to schedule a free consultation. We work with our clients in person, over the phone, or on Zoom.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction.
LAW OFFICE OF GARY M. LANDAU, P.A.
7401 Wiles Road, Suite 204
Coral Springs, FL 33067
(954) 979-6566
https://www.garylandau.com/