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Jupiter Wills, Trusts & Estates Attorney

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A Jupiter wills, trusts & estates attorney can help ensure your wishes are carried out how you would want them to have been and clarify your options to avoid probate.

At Apfelbaum Law, our experienced Florida estate attorneys often meet new clients with questions about wills, trusts, and other estate planning issues. The laws regarding these are complex and often people are confused about their options. Some are concerned about ensuring their business interests pass quickly to someone else, while others want to help their beneficiaries avoid a lengthy probate process. Others may want to make a living will or advanced health care directive.

Florida Legal Criteria for Wills

Frequently, people have questions about whether a will they wrote themselves or filled out using an internet-based form, is valid. The state of Florida has the following criteria for a will to be considered valid:

  • The Testator (the person writing the will) must be at least 18 years of age or an emancipated minor;
  • The Testator must be of sound mind at the time the will was signed—in other words, they knew what they were doing, i.e., making their will, what property was owned, and who the relatives and potential heirs were;
  • While it does not have to be typed, the will has to be in writing;
  • The will must be signed and dated in the presence of at least two witnesses; and
  • These two witnesses are required to sign in the presence of each other and the testator.

Your Florida estate attorney will likely request of you a list of goals and objectives; an explanation of the financial condition of your estate; and the names and contact information of relatives, so they can be contacted for the reading of the will.

Listing Minors and Family Members

If there is a family member you wish to leave out of your will, it is a good idea to write down your reasons. The decision to disinherit a relative is up to you, but the state of Florida will not allow you to completely disinherit your spouse without a valid prenuptial or postnuptial agreement. In most situations, Florida law gives the surviving spouse the choice of their share in the will or 30 percent of the estate. So, if you do not provide for your spouse in the will, the state will still give them 30 percent of your assets anyway.

It is also a good idea to make a list of minor children you will want to provide for, who you would like to be their guardian if you pass before they reach adulthood, and who you would want to manage any assets you leave to your minor children. Additionally, you should list anyone who you would like to care for financially, including live-in boyfriends/girlfriends, elderly relatives, etc. When you have made decisions about how to distribute your assets, you will need to select a personal representative to execute the terms of your will. You and your Florida estate attorney may also discuss other estate planning options like placing some assets in a trust to avoid them going through the probate process.

If you have questions or concerns about wills, estates, trusts, or other Florida legal services, please contact Apfelbaum Law for a consultation. We can be reached at 772-236-4009, or contactus@alawfl.com.

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