Wills FAQs
A will is a foundational estate planning document that should be included in every estate plan, yet many people think that if they create a trust to distribute their estate, they don’t need a will. Clearing up this confusion is only one of many ways an estate planning attorney can be essential to creating a comprehensive estate plan that protects you and your family during your lifetime and after you are gone. See below for answers to some frequently asked questions about wills we hear most often at Miaoulis Law. For seasoned advice and professional assistance with estate planning in Pinellas or Pasco County, contact our Palm Harbor wills lawyer to get started today.
What is a will, and why do I need one?
A will is a legal document that outlines how you want your assets distributed after your passing. It allows you to name beneficiaries, appoint an executor to handle your estate, and designate guardians for minor children. Without a will, Florida’s intestacy laws determine how your assets are distributed, which may not align with your wishes.
What happens if I die without a will in Florida?
If you die without a will, your estate will be distributed according to Florida’s intestacy laws. This means your assets will go to relatives according to a set legal order, starting with your spouse and children. If you have no immediate family, more distant relatives may inherit. The state, rather than you, decides who gets what, which can lead to unintended outcomes in certain situations, for instance if you have children from a previous marriage.
What are the requirements for a valid will in Florida?
For a will to be legally valid in Florida, it must:
- Be in writing
- Be signed by the testator (the person making the will) at the end of the document
- Be witnessed and signed by at least two competent witnesses, who must be present when the testator signs
- Be made voluntarily, with the testator of sound mind and not under undue influence
Complying with the Florida statute of wills is one reason why it is important to have an experienced attorney draft your will and not rely on a kit or online form that may not be valid or enforceable in Florida probate courts.
Can I change my will after it’s created?
Yes, you can change your will at any time by creating a new will or adding a codicil (an amendment to the will). Any changes must meet Florida’s legal requirements for wills and should be done by your estate planning lawyer. It’s important to review and update your will regularly, especially after major life events such as marriage, divorce, the birth of a child, or significant changes in assets.
Can I make a handwritten or oral will in Florida?
Florida does not recognize oral (nuncupative) or handwritten (holographic) wills unless they meet the legal requirements of a written will, including proper signing and witnessing. A will that is handwritten but meets these legal formalities can be valid.
Do I need an attorney to create a will?
While it is possible to create a will on your own, errors can lead to unintended consequences, such as assets not being distributed as intended or the will being declared invalid. An experienced estate planning attorney ensures your will complies with Florida law and accurately reflects your wishes.
Can I name a guardian for my children in my will?
Yes. If you have minor children, your will allows you to name a guardian who will take care of them if you pass away. This designation helps ensure your children are cared for by someone you trust rather than having the court decide in an emotionally taxing or contentious guardianship proceeding.
What is the difference between a will and a trust?
A will takes effect only after your passing and must go through probate, the court-supervised process of distributing assets. A trust, on the other hand, allows you to manage assets during your lifetime and transfer them to beneficiaries without probate. A trust offers more privacy and control over asset distribution, but it cannot accomplish everything that a will can.
Can I disinherit someone in my will?
Yes, you can disinherit anyone except your spouse, who may have rights to an elective share of your estate under Florida law regardless of what your will says. To disinherit a child or other relative, it’s best to explicitly state this in your will to avoid disputes.
What is a personal representative, and how do I choose one?
A personal representative, also known as an executor, is responsible for administering your estate, paying debts, and distributing assets according to your will. Choose someone you trust, such as a family member or professional fiduciary, who is organized and capable of handling financial matters. In Florida, the personal representative must be a state resident or a close relative.
How often should I update my will?
You should review and update your will every few years or whenever significant life changes occur, such as:
- Marriage, divorce, or remarriage
- Birth or adoption of a child
- Death of a beneficiary or personal representative
- Acquiring or selling significant assets
- Changes in tax or estate laws
Does my will avoid probate?
No, a will does not avoid probate. It provides instructions for how assets should be distributed, but the probate court must oversee the process. If you want to bypass probate, consider creating a revocable living trust or utilizing other estate planning tools such as beneficiary designations. A well-drafted will can be quickly accepted into probate and processed without unnecessary delay or expenses.
How can Miaoulis Law help with my will?
Miaoulis Law provides personalized estate planning services, ensuring your will meets Florida’s legal requirements and reflects your wishes. We help clients draft, update, and review wills to protect their families and assets. Contact us today for a consultation to secure your legacy and provide peace of mind for your loved ones.