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When There’s a Will There’s a Way: Florida Last Will and Testament by Jena Conley, Palm Coast Attorney

A will is a written document controlling the disposition of property after death. Wills are essential if you wish to control who your property goes to and how it is distributed after you pass away. Without a valid Last Will and Testament, your property will be distributed according to Florida’s intestate succession laws, which might not align with your individual wishes. By having a will, you retain control over how your assets are distributed, rather than leaving such important decisions to the law.

To execute a valid will in Florida, it is essential to satisfy the strict requirements as outlined in Section 732.502, Florida Statutes. In general, the will must be in writing, signed by the testator – the maker of the will – and two attesting witnesses. The attesting witnesses must sign the will in the presence of the testator and each other. Although it is not required to notarize your will in Florida, a self-proving affidavit can be used to prove its validity. A self-proving affidavit is a sworn statement, signed by the testator and the witnesses in front of a notary, attesting to the execution of the will. A self-proving affidavit avoids the cost of having to authenticate your will in probate court after your passing.

There are some circumstances where certain assets are not controlled by the terms of your will. Such assets include bank accounts with beneficiary designations and property owned with rights of survivorship. There is also homestead protection and spousal rights provided by law that must be considered when drafting your estate plan. Florida law prevents you from disinheriting your spouse without a properly executed marital agreement or waiver.

Understanding Florida’s various laws and how they apply to your estate planning wishes is crucial to avoid unnecessary complications. It is important to consult with an

experienced attorney to help with the drafting of your will. A lawyer can advise you on the course best suited for your individual wishes and ensure your documents are properly executed. With years of experience in estate planning, the Rice Law Firm is well-equipped to provide knowledgeable counsel in these matters and other legal concerns you may have. If you would like to consult with an attorney on these issues and other legal matters, please give us a call at 386-257-1222.