Your Last Will and Testament document has everything to do with your personal property and assets, and how you personally wish for them to be distributed at the time of your unfortunate passing. Even so, your will document initiates a legal process that involves many other interested parties and participants. To understand this concept further, please follow along to find out whether you can have the same person serve multiple roles within your will preparation and how a proficient Broward County wills lawyer at The Probate Lawyers can help you make decisions that work in the best interest of your overall estate plan.
Who are the different parties involved in my will document?
Of course, your hired lawyer is greatly involved in preparing and establishing your Last Will and Testament document. But besides your legal representative, you must appoint someone to serve as the executor of your will. This should be a trustworthy individual, of an adult age and with a sound mental capacity, who can conduct your estate administration in the exact way you instructed and wished for in your will document.
With this, your estate’s property and assets must be administered to other parties, known as your beneficiaries. These individuals may likely consist of your loved ones, who you wish to continue your legacy and keep your valuable possessions within your lineage. Of note, there is generally no perceivable limit to whom you wish to grant this honor, and how many individuals at that.
Last but not least, to make this all possible, you must have two individuals to witness the signing of your will. Again, your witnesses must be two mentally competent adults, who must also sign the bottom of this legal document in the presence of each other. You may choose individuals you personally know and trust, or you may employ the professional services of a paralegal or notary.
Can the same person serve multiple roles within my will document?
To preserve privacy for your estate plans and to streamline the process overall, you may consider charging the same person to tackle all these titles and responsibilities. Well, Florida statute may allow your appointed executor to be one of your chosen witnesses, as it permits interested parties who gain from the will to sign without invalidating the document. Similarly, your executor can also be one of your designated beneficiaries.
So, yes, one individual can serve three roles within your will preparation, execution, and administration. This concept is relatively unique compared to most other states. Even though it is permissible, we may advise you to name different parties to these varying roles. This is because you may not want to make your will document vulnerable to conflicts of interest, which other interested parties of your estate plan may litigate before a court.
Before you find yourself in an even worse position, you must retain legal representation from The Probate Lawyers. A talented Broward County estate lawyer from our law firm will guide you on what to do.
