If you make even the smallest error within your Last Will and Testament document, you run the risk of having the Florida probate court deem it illegitimate. With this, your property and assets may be distributed according to the state’s intestacy laws, which more than likely do not align with your original wishes. At this point, there may be nothing you can do, as you may sadly already be deceased, or your loved ones could do to change this fate. So it is important to make a lawful will from the very beginning. With that said, please read on to discover what mistakes to avoid making when drafting your will document and how a seasoned Broward County will lawyer at The Probate Lawyers can help you establish one that is both valid and enforceable.
What tips should I follow to avoid making mistakes in my will?
You may have heard that it is important to be clear and explicit with the instructions you provide in your Last Will and Testament document. That way, there is no room for misinterpretation and contention that ultimately causes your loved ones to dispute in estate litigation proceedings. But at the same time, you should not be too specific with the conditions you place on your intended beneficiaries. For example, an overly burdensome condition may be that your beneficiary must marry a specific individual, or refrain from marrying a certain individual, before they can inherit their gift. This may be considered nearly impossible to fulfill, and the Pennsylvania probate court may decide not to enforce it.
In addition, you may assume that once you finalize your will, you do not need to look at it again. Well, this may not necessarily be true if you undergo significant life changes, in which your instructions are no longer relevant and applicable. For example, you may have sold a piece of property that was previously mentioned and assigned to a beneficiary. Or, you may have gotten a divorce from your spouse, who was supposed to serve as your primary beneficiary. On top of this, if you do not amend or replace your will according to state-specific requirements, the court may invalidate it.
Speaking of state-specific requirements, you must execute your will document in a certain manner. That is, in the state of Florida, holographic (i.e., handwritten yet unwitnessed) and nuncupative (i.e., oral) wills are not observed. Instead, you must sign it in the presence of two witnesses who are 18 years old or older and deemed mentally competent. As the testator, you must meet these criteria, as well. At the same time, these witnesses must sign the bottom of the document in your presence.
What other important information should I remember when creating my will?
While a Last Will and Testament document is personal to you, there should be many third parties involved. For one, you need an executor who will manage and distribute your property and assets to your beneficiaries at the appropriate time. Here, you may want to remember to assign a successor exeuctor should your primary executor be unable or unwilling to step into this role. Also, it does not hurt to name a digital executor who may be better versed in your complex digital assets.
On a similar note, you should appoint multiple beneficiaries and try to divide your property and assets as fairly as possible to avoid potential disputes and contention. Last but not least, for good measure, please name a legal guardian to take custody of your children should you and their other parent unexpectedly and unfortunately pass away when they are still of minor age.
If you find yourself in need of legal aid, look no further than a competent Broward County estate lawyer. Whether you simply have a legal question or require legal representation in an upcoming court case, our team at The Probate Lawyers is willing to help out. Please pick up the phone and call us today.
