Most individuals know what a will is and what it does.   However, this FAQ outlines some of the most common questions asked regarding Florida Wills.  This FAQ is not an exhausted list but rather identifies those questions that are most commonly asked.   For more answers to questions, you may have contact TCB Legacy Law at  954-302-8989 for a Will Consultation.    

Now let's dive in starting with:

WHO SHOULD HAVE A WILL?

Many people assume that only the wealthy need to have a Will. However, the truth is that many people, with and without great wealth, need to have a Will in case the unexpected occurs. 

People who should have a Will include but are not limited to are:

• Those who are married
• Those who have children
• Those who own assets
• Those who have a special needs family member

Those who do not yet have assets, a spouse, and/or children may not need a Will until they acquire assets, a spouse and/or children.[1] 

WHEN SHOULD I MAKE A WILL IN FLORIDA?

A Will needs to be created and often updated when certain events occur:

• When you turn 18
• When you marry, divorce, or remarry
• When you have children
• When you start a business
• When you buy a home

Whenever you have a major life change, it is time to make or update your existing Will. 

WHAT GOES INTO A WILL IN FLORIDA?

Your Will states who should inherit your assets when you die. If you have minor child(ren), your Will should designate who you want to have custody of your child(ren) if you pass away.  A Will also allows you to an appoint a personal representative for your estate.  A personal representative is the person who will be in charge of administering your estate according to the terms of your Will when you die. 

CAN MY PARENTS LEAVE ME OUT OF THEIR WILL?

Under Florida law, parents may leave their adult children out of their Will (presuming there is no contractual obligation to do so).  However, if you die without a Will Florida Intestate Laws will require assets of your estate to be divided among your lineal descendants (i.e., your children).  Therefore, if you intend to disinherit an adult child consult with an Estate Planning Attorney.

CAN SOMEONE CHALLENGE MY WILL IN FLORIDA AFTER I DIE?

Yes.  In Florida individuals who can challenge or contest a will include beneficiaries named in the current will, beneficiaries of a previous version of the will, and individuals not named in the will but may have been eligible to inherit under Florida's Intestate Laws.   However, whether or not that challenge is successful is a different question.  Some of the most common reasons Wills are challenged include:

• That the testator (i.e., will maker) was under undue influence or lacked the capacity to make a Will
• That the Will is a fraud/forged
• That the Will lacks the formalities required under Florida law to be valid, such as being signed in the presence of two witnesses if in person. (Since July 2020  Florida law allows the use of electronic wills which you can execute and witness remotely.)

Having a lawyer help with the process of creating your Will can help prevent successful challenges. 

CAN'T I USE A “DO IT YOURSELF” (DIY) A WILL?

It is possible to use a (DIY) will without the assistance of a lawyer.   However, Florida law is very specific regarding what is required for a Will to be considered valid.  If you create the Will on your own, and it does not meet the legal requirements for a valid Florida Will, it will not be enforceable.  The danger of your final wishes being deemed invalid should be avoided to preserve the legacy you desire to create. For this reason, it is best to contact an Estate Planning Lawyer.

HOW MUCH DOES IT COST TO MAKE A WILL?

The cost of creating a will varies.  It depends on your estate and any additional estate planning tools you desire to achieve your last wishes.   Many wills and trusts lawyers in Florida charge a fixed rate for estate planning and other attorneys charge an hourly rate.  Regardless of the type of fee charged, you will want to know what is and is not included in either fee  structure.

WE ARE HERE TO HELP

Do not procrastinate another day before starting an estate plan because your loved ones are too important. Wills are often an integral part of any estate plan, and keep in mind: it really does not matter how much your estate is worth.  What matters is protecting your interests and securing your heir's future. 

Contact TCB Legacy Law today online or at 954-302-8989 to schedule a Will Consultation. Our legacy is helping you to achieve your American dream, create your legacy and write your story.   Our estate planning attorney Andre Mckenney-Dorval in Lauderhill, Florida and will guide you through the process of creating your will. 

[1] However, everyone needs Living documents which includes (a Durable Power of Attorney, A Medical Power of Attorney and Living Will).