Florida Law Does Not Allow No Contest Clauses

In the majority of states throughout the country, testators can include a no-contest clause in their will. Under these clauses, heirs can still contest a will. However, if they are unsuccessful, they do not receive any property from the estate. These clauses are meant to deter people from challenging a will because there is so much at stake.

However, Florida law does not recognize no-contest clauses and the courts will not enforce them. This means that if any person with an interest in your estate, such as a beneficiary or heir, does not agree with the contents of your will, they can challenge it in court.

Draft Your Will as Early as Possible 

Many people delay drafting a will because they do not want to think about their own death. However, no one knows what the future holds. If you suffer an illness that impacts your mental capacity, this makes it easier for people to challenge your will. Draft your will as early as possible and when it is clear that you are capable of making your own decisions.

Establish a Trust

The grounds for challenging a trust are the same as contesting a will. Challenging a trust, though, is far more challenging and complex. This deters many people from contesting a trust. Establishing a trust will also shield information from the eyes of someone who may want to challenge your wishes.

Ensure the Will is Executed Properly

Properly executed wills are much harder to challenge than those that are not. State law places many requirements on wills. They must be in writing and signed by the testator and two witnesses in the presence of each other. The best way to ensure your will is legally valid is to work with a St. Petersburg wills lawyer.

Tell Your Family About the Contents of the Will 

After you have drafted your will, it is important to have a conversation with all of your family members to inform them of its contents. This can make your wishes very clear, give you the opportunity to address any questions or concerns they have, and give your loved ones time to get used to the contents of the will.

Work with a Wills Lawyer in St. Petersburg 

The best way to ensure that your will is not contested is to work with a St. Petersburg wills lawyer. At Legacy Protection Lawyers, LLP, our experienced attorneys can ensure your will is properly executed and reflects your wishes so you and your family are protected. Call us now at 727-471-5868 or contact us online to schedule a meeting with one of our attorneys and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

What are Holographic Wills? 

A holographic will is one type of will that is handwritten and signed only by the individual who writes the will, known as the testator. A holographic will does not require witnesses or notarization.  This is different from a traditional will, which usually requires certain legal formalities such as being executed in the presence of two witnesses.

People create holographic wills for many reasons. Usually, they are drafted quickly and without formalities. For example, if someone suddenly became severely injured and was in critical condition, they may scribble out a holographic will because they don’t have the time to prepare a traditional will. In other instances, people simply may not have access to the legal services necessary to draft a traditional will.

Some jurisdictions recognize holographic wills as valid, but this is not the case in Florida.

Why are Holographic Wills Not Legal in Florida? 

Like all states, Florida places certain requirements on wills for them to be considered valid. These requirements state that wills must be in writing and signed by the testator and two witnesses in the presence of each other. While wills are required to be in writing, this does not necessarily mean they must be typed. Handwritten wills are valid, as long as the handwritten wills follow the legal formalities of being signed by the testator and two witnesses in the presence of each other.

The law in Florida does not recognize holographic wills due to concerns about undue influence, fraud, and misunderstandings about the testator’s true intentions. Requiring at least two witnesses offers an additional layer of security and ensures the testator was of sound mind at the time, and that their wishes are respected.

Holographic Wills Drafted in Other States 

Generally, when a person prepares a will while living in another state and dies a resident of Florida, or owns a significant amount of property in Florida, the laws of the state where the will was created are followed when it comes to the validity of the will. However, Florida does not recognize a holographic will as being valid regardless of where it was created.  Even if a person dies having created a holographic will in another state, Florida will not deem the will to be valid.

Our Wills Attorney in St. Petersburg Can Help Protect Your Future 

Drafting a will is an important step, but it is important that it is done properly. At Legacy Protection Lawyers, LLP, our St. Petersburg wills attorney can advise you of the legal requirements in Florida and ensure that your estate plan is executed properly so your wishes are respected and your family has the protection they need. Call us now at 727-471-5868 or contact us online to schedule a consultation with one of our knowledgeable attorneys and to learn more about how we can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Signatures 

In Florida, in order for any will to be valid it must be signed by the testator (i.e. the will maker) and two witnesses. Traditionally, these individuals would meet in an office or conference room with a notary and the lawyer representing the testator. The testator would physically sign the will followed by the two witnesses signing the will, all in the presence of each other.

Electronic wills, on the other hand, can be executed over video conferences, such as Zoom. An online notary oversees the signing but they along with the testator and witnesses can all be in different physical locations. The will is not signed with a pen but instead, an electronic signature. The testator and witnesses all make verbal statements indicating that they have signed the will.

Storing Wills 

State law does not specify how traditional wills are to be stored but they are generally kept in a safety deposit box, a lawyer’s office, or another secure location. The law, though, is very specific on the storage of electronic wills. An electronic will is only valid if it is stored electronically by a ‘qualified custodian’. The requirements for qualified custodians are as follows:

• Be a resident of Florida or the business is incorporated under state law
• Maintain a physical office in the state which offers custodial services
• Provide the testator and the testator’s personal representative with access to the electronic will
• Maintain a system for securely storing electronic records, including securing the documents from unauthorized access
• Retain the will in a manner that prevents tampering and unauthorized changes
• Purchase cyber insurance that protects against data loss, hacking, and other digital threats

Vulnerable Adults Cannot Create Electronic Wills 

All testators in Florida must have ‘testamentary capacity’ to execute any type of will in the state. The law specifically outlines, however, that vulnerable adults are prohibited from using remote means to electronically sign a will. Under state law, a vulnerable adult is any adult with an impaired ability to perform normal daily activities, such as providing for their own care or protection. This may include people who live in assisted living, nursing home facilities, or receive at-home nursing assistance.

Our Wills Attorney in St. Petersburg Can Draft Your Estate Planning Documents 

Regardless of how you draft your will, it is important to obtain legal advice from a St. Petersburg wills attorney. At Legacy Protection Lawyers, LLP, our seasoned attorneys can help you identify your goals and draft your will accordingly no matter how you would like to draft it. Call us today at 727-471-5868 or contact us online to schedule a consultation with one of our experienced attorneys and to obtain the legal help you need.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.524.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.523.html

It is often recommended that when a person creates a living trust, that they also create a pour-over will. Below, our St. Petersburg wills attorney explains what these documents are and why they are so important.

A Pour-over Will 

A pour-over will is a type of last will and testament that transfers assets to a trust after a person dies.  It is often used to supplement a revocable or living trust.  A pour-over will can help avoid probate, maintain privacy as to your intentions for your estate, and catch any assets that were not transferred into your trust when you were alive. 

Funding a Trust 

After you have created your living trust, it becomes a separate entity from you and your estate. You must then transfer property into the trust, which is known as funding the trust. The trust then owns the property you have placed into it. While you do not technically own the property, you can still manage it during your lifetime and sell or transfer it just as you would otherwise. Due to the fact that the trust owns the property within it, the legal document allows your loved ones to avoid probate after you pass away.

Your trust will name a successor trustee who will manage it after you pass away. The successor trustee is bound by the terms of the trust and must distribute the assets within it according to instructions and Florida law.

Omitting Assets from a Trust 

There are times when a person owns assets but has left them out of their trust. There are many ways this can happen. A person may simply forget to transfer assets into a trust, or they may prepay for a vacation and pass away before they are able to travel. A refund would then go to their estate, and not the trust, making it subject to probate.

As noted above, a pour-over will can help in these situations. A pour-over will states that after you pass away, any property that is not transferred into your trust but should have been, is poured over into the trust. This can ensure that all of your assets are distributed according to your wishes, and not only those that were properly transferred into the trust. The pour-over will acts as a safety net and backup plan in the event that assets are omitted from the trust.

Our Estate Planning Attorney in St. Petersburg Can Help with Your Last Will and Testament 

When creating an estate plan, there are many important tools and documents to consider. At Legacy Protection Lawyers, LLP, our St. Petersburg wills attorney can advise on the important documents to include in your estate plan and will ensure they are drafted properly so you and your loved ones are protected. Call us now at 727-471-5868 or contact us online to request a consultation with one of our experienced attorneys and to learn more about how we can help with your case.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html

Similar Goals and Values 

Perhaps the one of the most important factor to consider is choosing someone who will raise your children in a similar environment. The person you select should have the same general values and goals that are important to you. For example, if you want your child to obtain a university education, you should choose a guardian who will also make this a priority. One of your main goals is also likely ensuring the children are raised in a healthy and happy home, so it is important to consider this, as well.

Financial Capability 

Caring for a child is expensive and so, it is also important that you choose someone who can manage this additional financial responsibility. You should choose someone who has steady employment, while also considering whether the individual you are considering already has their own family. Having an established family can place a strain on the individual’s finances, which may make it harder for them to take in another child.

Location 

The location your chosen guardian lives in may have a significant impact on your child. If they live far away, for example, your child may also have to move. A move could take your child away from their school, friends, and community. This can be detrimental to your child, particularly at a time when they are grieving your loss. Although location may not be the most important consideration when choosing a guardian, it is something you should consider.

Ask the Potential Guardian and Your Child 

Being named as guardian to someone else’s child is a huge responsibility and not everyone is ready for it. It will greatly benefit your child if you speak with any potential guardian you are choosing before formally designating them to determine if they are ready to step into the role. If they are not willing to become a guardian, you should choose someone else. Additionally, if your child is of a certain age and maturity, it is also recommended that you ask them if they have any thoughts about who they would like to act as their guardian.

Our Wills Lawyer in St. Petersburg Can Formalize Your Choice 

You are the only person who can determine who would act as the best guardian for your child. At Legacy Protection Lawyers, LLP, our St. Petersburg wills lawyer can help you formalize that choice and draft a will that ensures your wishes will be respected. Call us today at 727-471-5868 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Minimize Time in Probate While Saving Money 

There are many legal requirements for a will to be valid. For example, you must have two witnesses sign the document and if you want a self-proving will, you must also have the document notarized. Wills also need to include certain language that can avoid challenges by family members.

Additionally, your will must go through the probate process in order to confirm that it is valid. Even a simplified version of probate will involve court hearings and attorney meetings, which are all stressful for family members during their time of grief. Probate is also an expensive process that can reduce your overall estate, and prevent your assets from being distributed to your heirs in a timely manner.

Ensure Children are Cared For 

It is particularly important to work with an attorney when drafting your will if you have minor children. If you do not have a will when you pass away, state law will dictate how your property is distributed and who will care for your children. If you have a child with special needs, you must take extra care when drafting your will. Having a will properly drafted by an attorney will ensure that your children are cared for in the way you wish, and that you can leave property to them you want them to have.

Ensure Long-Term Care for Your Spouse 

If your spouse requires long-term care before you pass away, it is important to include certain provisions for them in your will. A lawyer can help you create a trust for your property that will ensure a long-term care facility does not receive your spouse’s entire inheritance. Assisted living and nursing home care is costly and many people rely on programs such as Medicaid to pay for it. Only people with limited resources are eligible for Medicaid. If you leave all of your property to your spouse when you pass away, it can put their government benefits at risk. A lawyer can ensure this does not happen.

Our Wills Attorney in St. Petersburg Can Help with Your Estate Plan 

The above are just a few reasons why you should always work with a St. Petersburg wills attorney when drafting these important documents. At Legacy Protection Lawyers, LLP, our knowledgeable attorneys can help you draft your will and any other component you need in your estate plan. We will ensure your will meets the legal requirements and is valid so your final wishes are fulfilled. Call us today at 727-471-5868 or contact us online to schedule a consultation and to get more information.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Wills Must Be in Writing 

All wills in Florida must be in writing. This does not mean it needs to be typed. Handwritten wills are accepted. Oral wills are not recognized in the state. For example, you may tell your child that you want them to inherit your home after you pass away. This is not legally binding. The most important requirement is that wills must be written.

Wills Must Be Signed by Witnesses 

In Florida, two witnesses must sign a will in the presence of the testator, or the person who created the will. Witnesses must also sign the will in the presence of one another. Any person who is competent can act as a witness, including relatives or perps who stand to benefit from the terms of the will. Witnesses must also sign the will after the testator has signed the document. Wills are invalid if the testator and witnesses sign on different days.

Testators Must Sign at the End of the Will 

Testators must sign the will at the end of the document. If a testator cannot sign for any reason, a proxy can sign on their behalf. However, the proxy must still sign in the presence of two witnesses. Although the testator must sign at the end of the will, they can also sign each page of the document and it will still be considered valid.

Notarization is Not Necessary 

Contrary to what many people think, wills do not have to be notarized in Florida. However, many lawyers recommend that these documents are notarized at the time they are executed. This can expedite the probate process after the testator passes away. A notarized will is known as a self-proving will, which means witnesses do not have to give a statement under oath when proving the will.

Our Wills Lawyer in St. Petersburg Can Make Sure Yours is Legal 

Wills can greatly reduce the stress of beneficiaries after a person passes away, and ensure your loved ones receive their inheritance. However, these legal documents can only provide the protection you intended if they are drafted and executed properly. At Legacy Protection Lawyers, LLP, our St. Petersburg wills lawyer can draft your will properly and make sure it meets all legal requirements so your final wishes are fulfilled. Call us today or fill out our online form to schedule a review of your case with our knowledgeable attorney and to get the legal information you need now.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

What is a Personal Representative? 

A personal representative is an entity that manages the distribution of property in your estate after you pass away. Personal representatives can be individuals or corporations. Aside from distributing property in your estate, personal representatives have many other duties, as well. For example, your personal representative will also pay your remaining debts from your estate. Typically, personal representatives are named in a person’s will. If a person passes away without a will, the court will appoint a personal representative.

Who Can Act as a Personal Representative? 

As in all states, Florida law outlines certain requirements for personal representatives. Personal representatives must be at least 18 years of age and they must have the mental capacity to serve as a personal representative.

Some people choose a corporation, such as a financial institution, to serve as their personal representative. This is possible but the corporation must be able to legally serve as a fiduciary in Florida. If someone wants to serve as a personal representative for someone else and they do not live in the state, they must be related to the deceased.

Why Name a Personal Representative? 

Naming a personal representative has many benefits. When you make your wishes known, it can prevent disputes from arising between family members after you pass away. By naming a personal representative, you can also make your preferences known and ensure your wishes are respected. If you do not name a personal representative, the court will name one for you and that person may not align with your wishes.

Who to Choose as a Personal Representative? 

It is important to choose a personal representative who understands the specifics of your will and how you want your property distributed. Your personal representative should also be able to inform your lawyer of any complexities by informing them of pertinent information relevant to the estate.

Lastly, you should choose a personal representative who you trust implicitly and who you know will carry out your wishes. You should also choose someone you believe can handle stressful situations.

Call Our Wills Lawyer in St. Petersburg Today 

Estate planning is not always comfortable, but it is an important and loving thing to do for your family. At Legacy Protection Lawyers, LLP, our St. Petersburg wills lawyer can help you create the most important elements of your plan and advise you of the laws that will affect it. Making these decisions is not easy, but we can help make it easier. Call us now at 727-471-5868 or contact us online to schedule a consultation with one of our experienced attorneys.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Choose Someone Who is Reliable 

It is critical that your personal representative is reliable, trustworthy, responsible, and organized. Your personal representative will have to pay your debts, manage your estate, and distribute it according to your wishes. This will require someone with a strong sense of responsibility and the ability to remain organized in the face of complicated tasks and situations.

Understanding the Role 

Your personal representative should have a very clear understanding of the tasks they will be responsible for. This includes communicating with beneficiaries, handling paperwork, and overseeing the probate process. Although it is not necessary that your personal representative has legal expertise, they should possess a certain level of attention to detail and a basic understanding of financial matters. It is critical that you choose someone who understands these responsibilities and is willing to fulfill them.

Jurisdiction and Availability 

It is also important to consider the availability and location of your personal representative. Estate laws can vary from state to state so, it is usually advised that you choose someone who is in the same jurisdiction as you. Also, your personal representative should be able to quickly carry out the necessary tasks involved. If your personal representative lives far away or has a very busy schedule, it can lead to potential delays in the execution of your will.

Conflict Resolution Skills 

During your family’s time of grief, emotions may run high and so, it is important that your personal representative has strong conflict resolution skills. To ensure a smooth probate process, it is important to choose a personal representative who can resolve disagreements and disputes among beneficiaries and maintain family harmony.

Health and Age Considerations

 Although it may seem obvious, choosing a personal representative who will probably outlive you is an important consideration. Choosing someone who is younger than you, or of a similar age, increases the odds that your designated personal representative is available when it is time to execute your will. You should also consider the overall health of your potential personal representative to avoid possible complications that could arise if their health deteriorates. The role of personal representative is time consuming and stressful, so it is important to choose someone who will be physically capable of handling the responsibilities.

Our Wills Lawyer in St. Petersburg Can Advise On All Aspects of Your Case 

Estate planning is rarely easy. There are many complex issues that can arise and when they do, you need the sound advice of a St. Petersburg wills lawyer. At Legacy Protection Lawyers, LLP, our experienced attorneys have the expertise to provide it so you can create a plan that is comprehensive and that will ensure your final wishes are fulfilled. Call us now at 727-471-5868 or contact us online to schedule a consultation and to get more information.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Deciding who will inherit your assets and property is deeply personal and complicated. As in many other states, omitting your spouse from your Will in Florida has the potential to lead to legal disputes and litigation. If you are considering making this choice, it is important to fully understand the implications of the decisions, as well as how it will impact your estate and your loved ones.

The Elective Share in Florida 

The elective share statute in Florida exists to protect a surviving spouse by giving the surviving spouse the right to a 30 percent share of your estate. If you exclude your spouse from your Will, your surviving spouse can contest your Will for many reasons, and one of them is the elective share statute. The elective share is a common reason for litigation after the death of a spouse. If you intend to exclude your spouse from your Will, it is important to speak to an attorney to discuss how to handle the elective share.

Challenges to the Will 

If a surviving spouse feels as though they have been unfairly excluded, they are legally allowed to challenge the will. This involves litigation, which is expensive and time-consuming from the estate. A spouse can use many different approaches when they are challenging a Will. A spouse may argue that another person, such as a close friend or other family member, pressured or manipulated the decedent into changing their will. Or, the surviving spouse may claim that the decedent was not of sound mind at the time they changed their Will.

Excluding Spouses from Non-Probate Assets 

Omitting a spouse from your Will may not necessarily impact property that does not have to pass through probate. For example, if you have a retirement account, you may name someone other than your spouse as a beneficiary if you want to disinherit your partner. Still, it is important to know that there are other laws that may allow your spouse to challenge their right to this type of non-probate property.

How to Disinherit Your Spouse 

Florida law does not allow you to completely disinherit your spouse using your estate plan alone. Under the elective share, even if you omit your spouse, they can still challenge the decision and receive some of your property upon your death. However, there are some tools you can use if you choose to disinherit your spouse. For example, a marital agreement, such as a prenuptial or a postnuptial agreement, can also indicate that your spouse has waived the elective share.

Our Wills Lawyer in St. Petersburg Can Help with Your Case 

While disinheriting your spouse entirely is very difficult in Florida, a St. Petersburg wills lawyer can advise on the ways to minimize the amount of property they receive. At Legacy Protection Lawyers, LLP, our seasoned attorneys can advise on your case and the best ways to reduce the assets your spouse receives. Call us now at 727-471-5868 or contact us online to schedule a consultation and to get more information.

Sources:

caring.com/caregivers/estate-planning/wills-survey/

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html