In the state of Florida, the last will and testament is a type of formal document that outlines how your property will be distributed after you die. Wills are also used for selecting a guardian for your minor children if the parents pass away and there is no adoptive or biological parent available to take custody. For most younger individuals, choosing a guardian for their children is the main reason that a will is created.
After you pass away, your will is administered through probate. This legal process is used to ensure all your creditors are paid, and once all claims are resolved, the title to your property is passed on to your heirs that are named in your will.
When it comes to creating a will, there are several online tools and documents you can use. However, to ensure your document is legally binding, it is good to get in touch with our legal team at Griffin Family Law. We can review the information and ensure it is in order and will be considered legal once you pass away.
Understanding the Last Will and Testament in the State of Florida
You can create your will while you are alive. It should include instructions that will be carried out once you pass away. You can also change or modify your will while you are still alive.
When creating a will, you are called the testator, and you will name a personal representative or executor. This individual will be responsible for administering your property after you pass away. Your personal representative will ensure that your instructions are carried out after you die.
For the state of Florida, your personal representative must be a resident of the state. If they are not a resident, then it should be your spouse, child, parent, sibling, or another close relative to you. Also, in the state, there aren’t any restrictions regarding what type of directions you can include in your will. You can give your assets and property to who you want and how you want and include all this information in the will.
Why Should You Use Our Legal Services to Create a Will in Neptune Beach?
When it comes to creating a will, using our legal services is recommended. Our legal team will help ensure that you consider everything when you create the document. This will help reduce the likelihood of disputes arising during the probate process.
As mentioned above, our team will also ensure that the document is legally binding and that it will hold up when in court. If you happen to use a template for creating your will, but it doesn’t meet the standards or requirements set by the state, then it may be considered invalid and not legally binding. We will ensure this issue does not occur.
Thanks to our experience in family law and dealing with family law issues, we can handle complicated family matters you may need to address in the document. We will ensure that you get the wording correct, and if any changes are needed in the future, our team will help with these.
Requirements for Creating a Legal Will in Neptune Beach
While our legal team will be there to help with the creation of your will every step of the way, there are a few requirements you should know about. These include:
- Be at least 18 and of sound mind.
- Put the will in writing (this can be handwritten or typed).
- Signed by the testator or someone they appoint to sign the document.
- You must sign the will in the presence of two witnesses, and the witnesses have to sign it in your presence and in each other’s presence.
These requirements were established by Florida Statutes section 732.502. If you add an amendment to your will, it must be created with the same process and formalities used for your original will.
Contact Our Legal Team for Help Creating Your Will
Peace of mind comes in many forms. For many, part of having peace of mind about the future is knowing that your family will be taken care of after you pass. While thinking about and creating a will may not be something that’s fun to think about, it is the responsible thing to do.
When you are ready to create your will, contact our legal team at Griffin Family Law. We are ready to help you understand what needs to be done and ensure that all your documents are legally binding. The first step is to get in touch with us. We can discuss your needs and ensure your document meets the requirements that you have.