In this article, you can discover…
- The benefits of updating your will regularly.
- How leaving out debts and obligations can cause trouble for heirs.
- Why a DIY will is a risky choice in Florida, and how an attorney can help.
Why Is It Essential To Update A Will Regularly?
It’s important to update your will regularly, as the estate plans that you have in place when you pass away are what the courts will use to divide your assets. It’s also important to update your designation for a personal representative of your estate should the person you first designated pass away. If you fail to do this, someone will have to petition the courts to be appointed as your personal representative.
It’s also important to be sure your will reflects your current wishes and family relationships. Without proper updating, your assets may go to someone you ultimately would not have wanted, such as an ex-spouse or someone from whom you have grown apart.
How Can Improper Witnessing Invalidate A Will In Florida?
Florida has specific requirements as to how a will must be validated and how to sign a will properly. If a will is not signed in accordance with Florida law, it will be legally invalid and will not be considered for probate.
Because of this, your wishes, as expressed in the will, won’t be considered, and the courts will look to Florida intestate law to determine how your assets will be distributed.
People sometimes think, “I’ll just write my will on a piece of paper, sign it, and be done.” However, such a document would not be legally recognized. Florida has very strict compliance requirements for wills, and if you don’t follow these closely, your will can not be executed.
What Assets Cannot Be Distributed Through A Will In FL?
Anything can be distributed through a will. Anything from photos to jewelry, books, homes, bank accounts, cars, and even sentimental kickbacks in your home that you wish to pass on. All of these things can be left to others through a will, so long as that will is valid and passes through probate.
How Can Leaving Out Debts Or Obligations Create Problems For Heirs?
Heirs are not responsible for repaying your debts once you pass away. Rather, your estate is responsible for this unless an heir entered into a legal agreement to pay off a debt (such as a mortgage) for you once you passed.
Instead, once you pass away, creditors will file a claim against your estate through the probate court to have that debt resolved. During probate, your estate representative can use some of your assets to settle or pay those debts, but your heirs are not responsible for repaying out of pocket.
Why Is DIY Will Creation Risky In Florida?
DIY wills are incredibly risky in Florida. For one, they often miss certain provisions that are important to a legally valid will. It’s important to have an estate planning attorney handle writing the will for you.
While a DIY will is cheaper, it’s also incredibly easy for mistakes to be made. If your will is invalid, it can’t go through probate, causing added complications and expenses for beneficiaries once you pass away. It’s a much better, safer idea to allow an experienced estate planning attorney to work with you and ensure your will is valid and binding in Florida.
Still Have Questions? Ready To Get Started?
For more information on Working With An Estate Planning Attorney In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 205-9467 today.
