Miami Will Lawyer

Writing a will is the cornerstone of any comprehensive estate plan, and our Miami will lawyer is here to help you draft a will that works best for you and your family. Contact the Law Offices of Gonzalo Funes, PA today so we can get started.

Do I Need a Florida Will Lawyer?

Though you can attempt to draft a will on your own, doing so is taking a huge risk. Wills are very complicated documents, and though there are several online will-writing kits available, you should understand that without an estate planning attorney on your side, you open yourself up to a wide array of potential pitfalls. If you make a mistake while drafting your will, when you pass on, your family will be left to sort it all out, and will most likely end up hiring a lawyer themselves. Why not simply be proactive and leave something as important as drafting your will to a professional?

Why Do I Need to Draft a Will?

There are several reasons why everyone should draft a will. To start, you should understand that you are never too young to write up your will. Even if you are not particularly established financially, you most likely have far more than you may think. Some of the primary reasons why people create wills are as follows:

• You can predetermine who will receive your assets upon your passing. The primary purpose that people write wills is to ensure that their loved ones will receive their assets when they pass away.
• You can appoint an executor. The person you appoint as an executor must be someone you wholeheartedly trust. Essentially, your executor is the person who will administer your estate. This means that your executor will be in charge of spearheading the probate process, ensuring your assets are distributed according to your wishes, and ultimately, closing your estate. This is a lot of responsibility, so you must choose wisely.
• You can appoint a guardian for any minor children you may have. This is especially important for younger people who are holding out on writing their wills because they do not believe they have many assets. In your will, you can appoint one or more guardians for your child who will have the duty of caring for and raising your child, should you and the child’s other parent be unable to do so on your own.
• If you fail to appoint a guardian and you and your spouse cannot raise your child either due to incapacitation or you both pass away, the court will have to appoint a guardian to raise your child. The court will try to select the best option for your child, but no one truly knows what’s best for your child other than you.

If you fail to create a will, it is known as “dying intestate.” When this happens, the court will have to appoint an administrator to handle your estate matters, determine who gets what assets, and more. Simply drafting a will can save your family time, money, and emotional distress so they can focus on what matters most when the time comes.

What Makes a Will Valid & Enforceable in Florida?

When people think about writing a will, they often focus on who gets what. While that is certainly the heart of the document, Florida has very specific legal requirements that decide whether that document will actually stand up in court someday. If any of these requirements are missing, the will can be rejected, and the entire estate may have to be handled under Florida’s intestacy laws. That is rarely what someone intends when they sit down to make a plan. In Florida, a valid will generally must meet the following basic requirements:

• The person creating the will must be at least 18 years old or an emancipated minor. You must also be of sound mind at the time you sign your will. The law wants to be sure you understood what you were doing and the nature of the property being disposed of.
• The will must be in writing. Florida does not recognize oral wills. Even a handwritten will can be problematic, because Florida law strongly favors properly drafted, clearly typed documents that remove doubt about your intentions.
• You must sign the will at the end. Once your wishes have been expressed, your signature is what finalizes it and shows the document represents your true intent.
• You must sign the will in the presence of two witnesses. These witnesses must also sign in your presence and in each other’s presence. This may sound like a small technicality, but Florida courts take witnessing requirements very seriously, and improper witnessing is one of the most common reasons wills are challenged later.
• You do not technically need a notary, but it is strongly recommended. When a will is notarized with a special affidavit, it becomes what is called a self-proving will. A self-proving will usually eliminates the need to track down witnesses later, which can speed up the probate process significantly and reduce complications for your loved ones.

Finally, it is important to understand that even a valid will may not control every asset you own. Certain property, such as jointly owned real estate with rights of survivorship, life insurance, retirement accounts, and payable-on-death bank accounts, may pass directly to the named beneficiary and never enter probate at all. This is just one more reason careful planning matters, because a will is only one piece of the broader estate planning puzzle.

Contact Our Florida Will Lawyer

The bottom line is that writing a will is something everyone must do, no matter their age, financial situation, or otherwise, and our firm is here to help. Contact a will lawyer from the Law Offices of Gonzalo Funes, PA today so we can get started.