Anyone over 18 has the legal right to create a will. However, deciding when to make a will is a personal decision that must be carefully considered. Accidents can happen, though, so it’s worth being proactive about ensuring the security of your family and assets. If you are about to write a will, you may have a few standard questions. Read on to learn what you need to know before creating your will.
What Are The Benefits of Creating a Will?
When someone dies without a will, they die intestate. This means that the state has the right to distribute the deceased person’s assets to their closest relatives. If no close relatives can be located, the state takes the property.
If you own valuable assets and would like to see them distributed to a spouse, children, or even your favorite charity, creating your will is essential to bind those wishes. If you have children, we recommend making a will as soon as possible after the child’s birth to protect the future care of that child.
What Are the Requirements for Creating a Will?
Besides being at least 18, you must meet a few requirements before creating your will. You must display mental competence and sign your will alongside two witnesses. It is best if these witnesses are not beneficiaries and have no stake in your will.
Can Your Will Be Revised?
You have the right to revise your will during your life. Changes to the will are valid when you follow the same procedures applied when creating it. At The Millman Law Group, we encourage you to make changes to your will after major life events to ensure that your family and assets are adequately protected.
Can Your Will Be Revoked?
A person who has written a will and testament in the past may revoke it. This can be done in several ways, including by writing a new will and including a codicil that revokes the earlier will.
If you wish to revoke your will, you may also do so by physically destroying the will in the presence of a witness.
What Makes Your Will Valid?
A will must be in writing to be recognized as legally valid. The state does not accept those written without the presence of witnesses. Similarly, video-only wills are not considered valid. However, when creating your will, you may make a video will in addition to a written one to prove a sound mind and demonstrate proof of signing the will in the presence of witnesses.
Do You Need a Lawyer to Create Your Will?
A Florida resident can write their own will without an attorney or by using a document service. However, they will still need to follow all of the requirements for the will under law. We highly recommend working with a lawyer to create your will because you don’t want to make any mistakes.
Working with the estate planning lawyers of The Millman Law Group will help you find the best methods for securing your assets and caring for your family. We can offer guidance on avoiding probate, decreasing estate taxes, and creating a variety of trusts.
Estate Planning Made Easy With Millman Law Group
Millman Law Group, PLLC is rare because it’s one of the only law firms that offer life planning in South Florida. From life care planning to the preparation of detailed estate plans, Millman Law Group has committed to serving Floridian elderly communities in Boca Raton, Palm Beach County, Ocean Ridge, Hillsboro Beach, and many other areas since 2018. Our dedicated team also specializes in special needs trusts and catering to any age demographic because we know for certain it’s never too early to start preparing you and your family for your future. For the latest news in estate planning and elder care law, follow us on Facebook, Twitter, Linked In, and Pinterest. You can also contact us at 561-463-6480.