FAQs About Wills In Florida

Wills, legally known as last wills and testaments, are legal documents that express your wishes, mainly for how your property is distributed, after you pass away. In addition to property distribution upon your death, a will also allows you to name a guardian for your minor children. When people start creating a will, they often have many questions. Below, our Daytona Beach will drafting lawyer outlines the questions we hear most frequently, and the answers behind them.

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

Many people worry that if they do not have a will when they pass away, the state will keep their property. This only happens in the rarest of cases. When a person passes away without a will, Florida’s intestacy laws will apply. Although this may align with your wishes, it also may not. If you are married, your spouse will receive your entire estate unless you have children outside of the marriage. If you have children outside of the marriage, your spouse will receive half of your estate and the other half will be divided among the children.

The state only keeps the property within an estate if there are no surviving heirs or beneficiaries.

Do Wills Have to Be Notarized in Florida? 

There is no requirement to notarize your will in Florida, but it can save your loved ones a significant amount of time and effort. Getting your will notarized will allow you to obtain a Self Proving Affidavit, which can be submitted to a judge upon your death without further approval. Without this affidavit, one of the witnesses who signed your will must appear in court to verify that the will is valid. Locating witnesses can be challenging so having your will notarized is always a good idea.

How Can I Disinherit an Heir? 

Disinheriting certain heirs is very difficult in Florida. For example, the only way you can disinherit a spouse is through a prenuptial or postnuptial agreement in which your spouse waives their rights. The law does not allow you to disinherit minor children at all. If you wish to disinherit an heir, it is critical that you speak to a Daytona Beach will drafting lawyer. There is a right way and wrong way to do it, and you want to ensure your wishes are respected.

Where Should I Store the Original? 

The best places to store your will are in a fireproof box or safe in your home, a safety deposit box, or at your attorney’s office. Just as important as where to store your will is making sure your loved ones know where it is and how to access it so they do not experience lengthy and costly delays.

Our Will Drafting Lawyer in Daytona Beach Can Answer All of Your Questions 

At Bundza & Rodriguez, our Daytona Beach will drafting lawyer knows you have a lot of questions. We will answer all of them and execute your will properly to ensure it is enforced. Call us now at 386-252-5170 or chat with us online to schedule a consultation and to get the answers you need.

Source:

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