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Daytona Beach Lawyers > Blog > Wills > FAQs About Last Will And Testaments

FAQs About Last Will And Testaments


Last will and testaments, more commonly referred to as simply wills, are legal documents that outline your final wishes after you pass away. A will tells your loved ones, as well as the court, how you want your property distributed and to whom, as well as other important details, such as naming a guardian for any minor children. The provisions within your will only become effective upon your death and so, it must meet certain requirements in order for it to be enforced.

When drafting a will, you may have many questions. Below, our Daytona Beach wills and trusts lawyer outlines some of those we most frequently hear, and the answers to them.

If I Pass Away Without a Will, Does the State Keep My Assets? 

If you do not have a will when you pass away, you are considered to have died intestate. This does not mean that the state will keep your assets, but it does mean a court will determine how your property is divided. For some, the court’s decisions may align with your own final wishes, but this is not always the case. As such, all adults should draft a will that ensures their last wishes are fulfilled.

Should I Notarize My Will? 

There is no legal requirement that a will has to be notarized in order to be valid. However, notarizing your will can save your loved ones a lot of time and effort. By notarizing your will, you can also notarize a supporting document known as the Self Proving Affidavit. If you have the affidavit notarized, a judge can accept the will without further proof. Without this affidavit, a witness or other party must attend a court hearing to prove the will. It can be very challenging to locate witnesses and so, it is always recommended that the affidavit is included in your estate plan.

Do I Have to Include Someone in My Will if I Want to Disinherit Them? 

Many people believe that to disinherit someone, you must leave them something of little value, such as one dollar. This shows that you did not forget about them and that you intended to leave them with very little. This is a common misconception. In fact, including someone you want to disinherit can make things more difficult. They will have a legal interest in the estate and will have to be part of the process, which means they can challenge your will. Instead, speak to an attorney about how to disinherit someone.

Should I Keep the Original Document? 

Yes. If your family cannot find the original document, the court will question whether you intended to destroy it. Your loved ones will have to take extraordinary measures when trying to find the original. Always keep your original will in a safe place such as a safety deposit box and tell your family members or personal representative where it is.

Our Wills and Trusts Lawyer in Daytona Beach Can Answer All of Your Questions 

You may have many questions when drafting a will. At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can answer them and provide the sound legal advice you need. Call us now at 386-252-5170 or chat with us online to request a free consultation and to get more information.



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