Will Lawyer in Fort Myers

What Happens if You Die Without a Will in Florida?

Failing to create a will eliminates your ability to direct the distribution of your estate. Instead, your assets will be divided according to Florida's intestacy laws. This may result in your extended family and friends being excluded from inheriting any part of your estate.

Furthermore, the probate process can become protracted and expensive without a will to provide clear instructions. Relying on the state's default laws for estate division can exacerbate these challenges, potentially leading to delays and higher costs for your loved ones.

Without a will, the state determines the hierarchy of inheritance, often prioritizing immediate family. This excludes significant figures in your life, such as stepchildren or unmarried partners, from receiving assets unless specified in a formal legal document like a will, making it imperative to establish one.

Is a Handwritten Will Legal in Florida?

Yes, handwritten wills are legal in the state of Florida. They must, however, be properly signed and witnessed to be valid.

For a will to be “witnessed,” it must have been signed in the presence of at least two witnesses. Note that these witnesses must also sign the will in the presence of the testator (the person making the will). But even then, complications can arise, such as a judge's inability to decipher the testator's handwriting. Concerns over forgery may also get in the way.

Since enforcing a handwritten will can be complicated, it is best to work with a legal professional when drafting and filing a will in Florida. You can rest easy knowing your will is valid and aligned with your wishes. Keep in mind that the above only applies in the Sunshine State. Handwritten or holographic wills are considered valid in many other parts of the country.

How Can Families Ensure Their Wills Reflect Current Wishes with a Will Lawyer

In Fort Myers, navigating the complexities of estate planning, including the wills amendment process, is essential for ensuring that your wishes are honored. Local residents often face unique challenges, such as the impact of Florida's laws on property distribution and the need to address family dynamics that can complicate estate matters. The Lee County Clerk of Courts provides valuable resources for residents looking to understand the legal requirements surrounding wills and amendments, making it easier to access the information you need.

Many families in our community are concerned about how changes in their lives — such as marriage, divorce, or the birth of a child — can affect their existing wills. These life events often prompt the need for a wills amendment to ensure that your estate reflects your current wishes. Additionally, with the growing population in Fort Myers, disputes over inheritance can become more common, making it crucial to have a clear and updated will that minimizes potential conflicts among family members.

Local organizations, such as the Fort Myers Chamber of Commerce, can also provide guidance and occasionally holds workshops that help residents understand estate planning. By staying informed and proactive, you can protect your loved ones and ensure that your estate is managed according to your wishes.

At Dorcey Law Firm, PLC, we understand the specific concerns of Fort Myers residents regarding wills and amendments. Our team is here to help you navigate these important decisions, ensuring that your estate planning reflects your current situation and protects your family's future. Don't wait until it's too late — reach out to us today to discuss how we can assist you with your wills amendment needs.

A proactive approach to reviewing and updating wills allows families to adjust their plans as circumstances change, ensuring that their intentions are honored over time. Regular consultations with a wills attorney can also provide ongoing assurance that all legal standards are being met and adapted as laws evolve.

Your Will Can Cover More Than Just the Things You Own

Beyond determining what happens to the material possessions you own in life, your will can serve a very practical purpose for the most precious loved ones we may have in our lives:

• Our children
• And our pets

Establish Guardianship of Your Children with a Will Attorney

Guardianship over children can be determined in your will. If you want to trust a sibling, parent, or another relative to raise your minor children when you pass on, you can outline your wishes for your children's guardianship until they reach 18.

You may also establish a separate trust for them that the guardian can look after and manage until your children become adults. When working with a wills attorney on your plan in Fort Myers, be sure to ask more about how you can protect your children's interests.

Naming multiple potential guardians provides additional security, ensuring that if the first choice cannot fulfill the role, there are contingency plans in place to safeguard the children's future.

Establish Ownership Rights of Your Pets

Pets are legally considered property, but people nonetheless account for them as irreplaceable members of their families and love them as such. When building your will, you can have your attorney include ownership rights to a trusted loved one who you know will care for your pet.

Determining new ownership of your pet can be especially important if it is a long-living species like a parrot or tortoise whose lifespans can be on par with or exceed that of a human. In some cases, a trust can even be established to help the pet's new owner pay for its care and well-being.

Addressing pet care within your will ensures you are encompassing every aspect of your estate, reflecting your commitment to achieving comprehensive coverage for all dependents, whether human or animal.

Frequently Asked Questions on Wills in Florida

What Are the Common Misconceptions About Creating a Will?

One common misconception is that only the wealthy need a will. In reality, anyone with assets, dependents, or specific wishes for their estate should have a will to ensure these desires are met. Some believe that wills are only necessary later in life, but unforeseen circumstances can arise at any age, making early estate planning beneficial. Another misconception is that a will is unchangeable; however, wills can and should be updated regularly to reflect life changes such as marriage, divorce, the birth of a child, or significant financial changes.

Can I Make Changes to My Will After It's Written?

Absolutely, you can make changes to your will at any time through a process known as a codicil, which is an amendment to the will. It's essential to ensure that any changes comply with Florida law, requiring similar formalities as the original will, including signing and witnesses. Alternatively, you may choose to restructure your will entirely, reflecting significant changes in your personal or financial circumstances. Consulting with a wills attorney in Fort Myers can ensure that changes are legally sound and reflect your current intentions.

Does Having a Will Avoid Probate in Florida?

While a will guides the probate process, it does not entirely circumvent it. In Florida, probate is necessary to distribute assets that are titled solely in the deceased person's name. However, a well-drafted will can simplify and expedite the process, ensuring that your wishes are carried out efficiently. To minimize the assets subjected to probate, consider other estate planning tools like trusts or joint ownership arrangements. A local attorney can offer guidance tailored to your circumstances.

What Are the Legal Requirements for a Will in Florida?

In Florida, a will must meet specific legal criteria to be valid: it must be in writing, signed by the testator, and witnessed by two individuals in the presence of the testator. Additionally, the testator must be at least 18 years old and of sound mind when creating the will. Oral wills aren't recognized in Florida, so ensuring that all instructions are documented in written form is critical for the legality and enforceability of your estate plan.

How Can I Ensure My Will Remains Valid Over Time?

To ensure your will remains valid, regularly update it to reflect life changes and abide by any evolving state laws. Consulting with a wills attorney periodically ensures that your estate plan is comprehensive and compliant. This continued dialogue allows for timely adjustments, preserving the relevance and enforceability of your will. By staying proactive, you can ensure your wishes remain clear and executable, providing reassurance to you and your beneficiaries.

Contact Our Fort Myers Wills Lawyers Today

For assistance in preparing your will, contact the attorneys at Dorcey Law Firm. We extend a complimentary consultation to all potential clients, accommodating appointments during regular business hours or after-hours by appointment only. Whether you prefer consultations over the phone, in person, or via video conference, we're here to accommodate your needs. Additionally, our services are available in Spanish for your convenience. Schedule your consultation today to ensure your estate planning needs are met with precision and care.

Contact Dorecy Law Firm today to meet with our wills lawyer in Fort Myers!