Attorneys Near Me-Wills

When it comes to protecting your family and securing your legacy, few documents are more important than a will. Whether you’re preparing a last will and testament to distribute your assets or a living will to communicate your healthcare wishes, thoughtful legal planning is essential.

If you’ve searched for “attorneys near me wills,” you’re not alone, and you’re taking a vital step. Florida law has specific requirements for these documents, and working with a local wills lawyer in Sarasota ensures that your plan is legally valid, tailored to your needs, and built to stand the test of time.

At Luhrsen Goldberg, we offer compassionate, detail-driven estate planning services. Our team of wills attorneys helps Sarasota, FL residents draft, review, and update wills and living wills with a focus on clarity, compliance, and care. We’re not just lawyers, we’re advocates for your family’s future.

What Is a Last Will and Testament?

A last will and testament is the foundation of a solid estate plan. It’s a legal document that states how your property and assets should be distributed after your death. But its power extends far beyond simply naming who gets what.

In your will, you can:

• Appoint a personal representative (also called an executor) to carry out your wishes
• Designate guardians for your minor children
• Make specific gifts of property, money, or personal items
• Provide for pets, charitable donations, or unique family considerations

If you die without a valid will in Florida, your estate will be distributed according to the state’s intestacy laws. Unfortunately, this may not accurately reflect your wishes and can lead to unnecessary delays or disputes. Drafting a proper will ensures your legacy stays in your hands, not the state’s.

What Is a Living Will?

A living will, sometimes referred to as an advance healthcare directive, is a legal document that communicates your preferences about life-prolonging medical treatment if you become incapacitated and unable to speak for yourself.

A living will may address:

• Whether you want life support (ventilators, feeding tubes)
• Pain management or palliative care
• Resuscitation (DNR orders)
• Artificial hydration and nutrition

This legal document gives your family and doctors clear guidance during critical moments and can help avoid disagreements about end-of-life care. In Florida, living wills are often paired with a healthcare surrogate designation, which appoints someone to make medical decisions on your behalf.

Why You Need a Wills Attorney Near You

Working with our experienced attorneys has a number of key advantages.

Avoid Costly Mistakes With DIY Wills

While online templates and fill-in-the-blank wills might seem convenient, they rarely comply with Florida’s specific legal requirements. Common errors include:

• Missing or improper witness signatures
• Vague or conflicting language
• Failure to account for all assets or family members
• Lack of a self-proving affidavit

These missteps can delay the probate process, trigger legal challenges, or even invalidate the will altogether. The cost of fixing these mistakes after death often far exceeds the cost of getting it done right the first time.

The Benefits of Local Legal Support

Working with a Sarasota, FL wills attorney near you ensures that your documents:

• Follow Florida-specific requirements
• Account for your local probate court’s processes
• Reflect updates to Florida estate planning law
• Are customized to your family’s unique situation

Our local wills attorneys are also more accessible for in-person meetings, family conferences, and ongoing updates, which are critical advantages in long-term planning.

Key Elements of a Legally Valid Will in Florida

To be considered legally valid under Florida law, a will must meet several specific requirements.

First, the person creating the will, referred to as the testator, must be at least 18 years old and possess the mental capacity to understand the nature and effect of the document. The will itself must be in writing; oral wills are not recognized in Florida. In addition, the testator must sign the will at the end of the document.

The will must be signed in the presence of two competent witnesses, who must also sign the will in the presence of both the testator and each other. While notarization is not required for a will to be valid, adding a self-proving affidavit, signed in front of a notary, can streamline the probate process by allowing the court to accept the will without requiring testimony from witnesses.

How Our Local Wills Attorneys Can Help You Draft a Will

Creating a will is about much more than just listing who gets your belongings. It is an opportunity to express your wishes legally and thoughtfully, safeguard your loved ones, and minimize stress during an already emotional time.

A Sarasota wills attorney from our firm will begin by helping you identify all your assets and liabilities, ensuring your estate plan is complete and nothing is overlooked. They’ll guide you through the process of choosing appropriate beneficiaries and naming alternate choices to protect against unexpected changes.

Selecting a responsible personal representative and, if needed, a guardian for minor children is another imperative decision where legal insight is invaluable. Your attorney will also help you avoid vague or ambiguous language, which can lead to disputes or court involvement after your passing.

Finally, our lawyers ensure your will aligns with other important estate planning tools, such as trusts, powers of attorney, and healthcare directives. With every document we draft, our goal is clarity and precision, so you and your family know exactly what to expect and how to carry out your wishes.

Creating a Living Will With Help from a Local Sarasota Attorney

A living will is a deeply personal document, and the decisions it covers are often difficult to face. Our wills lawyers guide clients through the process with clarity and compassion.

Our team will:

• Help you reflect on your medical values and preferences
• Draft clear, legally valid documents in accordance with Florida law
• Ensure your living will aligns with your healthcare surrogate designation and other advance directives
• Review your plan with your family or surrogate (if desired), so everyone understands your wishes

By putting your instructions in writing now with the help of a wills attorney near you, you can avoid conflict later and give your loved ones peace of mind during critical situations.

How to Amend a Will or Living Will in Florida

Life changes, and as such, so should your estate plan. You should review and potentially revise your will or living will after:

• Marriage, divorce, or remarriage
• Birth or adoption of a child or grandchild
• A significant change in financial status
• The death of a named executor or beneficiary
• Moving to or from Florida
• A change in your healthcare beliefs or diagnosis

Making Legal Changes to Your Will

In Florida, you may update your will by:

• Executing a codicil (a formal amendment)
• Creating a new will and revoking the old one

Never make handwritten notes or cross out names on your original will. Doing so may cause confusion or invalidate parts of your plan. Our Sarasota, FL wills attorneys ensure any updates meet legal requirements and reflect your current wishes.

What Happens to Your Will After You Die

Your will does not take effect until after your death, at which point it must be submitted to probate through the appropriate court, usually the Sarasota County Probate Court for local residents who reside in Sarasota County at the time of their death. The individual you’ve named as your executor, also known as your personal representative, needs to file the will with the court and petition for formal appointment. Once appointed, the executor is responsible for identifying and cataloging all of your assets, which helps establish the value and scope of the estate.

Next, the executor notifies any known creditors and ensures that outstanding debts, taxes, and valid claims are paid according to Florida law. The executor will also publish a notification in a local paper to notice unknown creditors.  After these obligations are satisfied, the remaining assets are distributed to the beneficiaries as outlined in your will.

When properly drafted, a will can make this process significantly smoother, minimizing delays, legal costs, and stress for your loved ones. On the other hand, a vague, outdated, or improperly executed will can lead to complications that may drag the probate process out for months or even years.

When a Will Might Be Challenged

Even when a will appears valid on its face, disputes among heirs or family members can sometimes arise, leading to a formal contest of the will.

In Florida, one of the most common reasons for challenging a will is the allegation of undue influence, especially in cases where a caregiver, new partner, or relative is perceived to have exerted pressure on the person making the will. Another frequent claim involves a lack of mental capacity, where challengers argue that the testator did not fully understand what they were signing or lacked the cognitive ability to make informed decisions.

Other challenges may involve accusations of fraud or forgery, particularly if there is suspicion that the will was altered or signed under deceptive circumstances. In some cases, even a seemingly minor misstep in the execution of the will, such as missing witness signatures or improper witnessing procedures, can lead to a legal challenge.

Working with our experienced local wills lawyers in Sarasota, FL significantly reduces the likelihood of these disputes. A well-prepared will, properly witnessed and clearly written, serves as a strong legal safeguard. Additionally, your wills attorney can act as an impartial third party who may be called upon to testify about your mental capacity and intent if questions arise during probate.

Wills vs. Trusts: What’s the Difference?

While a will is a powerful tool, it’s not always the best or only one. In some cases, a revocable living trust may be a better choice, particularly for clients who want to:

• Avoid probate
• Plan for incapacity
• Manage out-of-state property
• Provide for a special needs beneficiary

Many clients benefit from having both a will and a trust. A wills lawyer from our firm can help you decide which documents best support your goals and ensure they all work together seamlessly.

Why Work With Luhrsen Goldberg on Your Will or Living Will

At Luhrsen Goldberg, we take the time to get to know your family, your values, and your goals. Our Sarasota estate planning attorneys provide:

Thoughtful Legal Guidance Tailored to Your Life

We don’t believe in one-size-fits-all estate planning. Our Sarasota wills lawyers take the time to learn about your family, your concerns, and your priorities so that your will or living will truly reflect your values and goals.

Thorough Explanations of Your Options

Our wills lawyers make the law understandable. We will walk you through every decision from naming beneficiaries to selecting a healthcare surrogate, so you feel empowered to make informed choices.

Clear, Accurate Documents Drafted for Long-Term Security

Precision matters. We draft every document with clear language and legal accuracy to help ensure your wishes are upheld and your loved ones are protected, no matter what the future holds.

Ongoing Support for Amendments, Reviews, and Family Changes

Life changes, and so should your estate plan. Our local wills lawyers remain available to help you update your will or living will as your circumstances evolve, whether you experience a birth, loss, move, or other milestone.

Legal Services in Both English and Spanish

Estate planning should be accessible to everyone. We proudly offer bilingual legal services in English and Spanish, enabling more families in the Sarasota community to plan with clarity and confidence.

From your first consultation to your final signing, and in the years that follow, Luhrsen Goldberg is here for every chapter of your life. Whether you’re preparing your first estate plan or updating an existing one, we’ll guide you every step of the way with clarity, compassion, and experience.

Speak With a Sarasota, FL Wills Attorneys Near You Today

A thoughtfully drafted will or living will is one of the greatest gifts you can give your loved ones. It ensures your wishes are followed, your assets are protected, and your family is spared unnecessary confusion or conflict.

If you’re searching for trusted wills lawyers near you in Sarasota, we’re here to help. Call Luhrsen Goldberg today or contact us online to schedule a free consultation with a Sarasota, FL wills attorney who cares about what comes next for you and those you love.