Florida Probate Attorney

Important Things To Know Before Writing Last Will Under Florida Law!

There are numerous people out there in Florida who struggle with a question if they should write their will or not. Well, the answer for this concern is simply related to your own choice of writing your will as Florida Law does not compel for the same. So, writing your last will is entirely your choice in Florida, but if you do so, it comes out with great outcomes. Though writing the last will requires one to follow several things and hence, taking service of a qualified Florida probate lawyer from a leading probate and trust attorney in Florida would be of great help. Besides taking expert service, you must learn important things before writing your last will under Florida Law.

What Happens In Case of Intestacy?

Intestacy is the condition in which a person dies without leaving a last will behind. Such person is referred as intestate and this situation appeals to the legislation of intestacy. Usually, in Florida, any surviving spouse of the intestate finds the ownership of entire property, but if there is no descendants of the person who dies. Therefore, the Florida law may provide a thoroughly different outcomes depending on the presence of any surviving spouse, descendants or any alive lineal descendants who are offspring to a surviving spouse. To avoid the clashes or disputes relating your property or assets in Florida, it is always advised to hire a Florida probate lawyer and write your last will before it is too late.

Florida Will Can Not Distribute All Property?

If you plan to distribute your entire property according to your last will in Florida, then you need to know some exceptions in this case. There are some excepted properties that cannot be distributed as per your individual wish by Florida Will. For instance, a jointly owned property that has a claimed survivorship would be excluded while writing last will under Florida Law. Following mentioned few notable restrictions on distribution of property in your will.

  • Depriving of Spouse – If you think of disinheriting your spouse while writing your last will, the Florida Law would not allow you to do so until there is a written marital agreement. Under this law, the spouse is allowed to claim for a share under the property of decedent.
  • Homestead – The law in Florida for the family estate of decedent is a bit complicated; however, normally the living spouse finds the life asset within the homestead, for being the vested remainder during the time of the death of decedent.

Basic Requirements To Get Eligibility To Write Your Last Will Under Florida Law?

In Florida, everyone is not allowed to write the last will, but there are certain parameters on eligibility for the same.

  • To write your last will, the testator has to be 18+ years old or a liberated minor.
  • The testator has to be mentally active that means he/she must have good power to reason and decision making while signing the will.
  • The Florida Will has to be signed under the presence and direction of two witnesses by the testator.
  • In Florida, the Holographic wills that are handwritten/ signed by merely the testator, not signed by witnesses are not regarded as valid. To make legally recognised and valid last Will in Florida , it has to be written as well as signed by testator in front of two witnesses.

As the process of writing the last will under Florida Law is sometimes complex, it is good to hire an expert probate and trust attorney to get this job adequately done

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