Florida Will Attorney

A properly drafted will is one of the most essential elements of any Florida estate planning strategy. They are designed to ensure that an individual’s wishes are honored and their loved ones are cared for after their passing. Without a valid will, families may face unnecessary legal disputes, delays in asset distribution, or even unexpected outcomes dictated by Florida’s intestacy laws. At Luhrsen Goldberg, our clients trust that a dedicated Florida will attorney from our firm will provide personalized guidance and create legally binding wills tailored to their specific circumstances.

Uncertainties surrounding a parent passing away without a will and leaving questions about who will care for their minor children or how their assets will be divided can create stress and division among family members. A professionally prepared will can prevent these challenges by clearly designating guardians, personal representatives, and beneficiaries. Whether it is protecting family heirlooms or ensuring financial security for future generations, working with an experienced legal advocate can ensure that every detail of your estate plans is handled with care.

A will, also known as a last will and testament, is a legal document that outlines how an individual’s assets, subject to probate administration, should be distributed upon their passing. It allows individuals to designate beneficiaries, appoint personal representatives, and name guardians for minor children.

Without a valid will, Florida’s intestacy laws under Florida Statute § 732.102 and § 732.103 determine how assets are distributed, which may not align with the person’s true wishes. To be valid in Florida, a will must meet specific legal requirements under Florida Statute § 732.502:

The document must be in writing.
The testator, the person making the will, must sign it at the end of the document.
Two witnesses must sign in the testator’s presence and the presence of each other.

A Florida will is a critical tool for reducing uncertainty and honoring an individual’s final wishes. Here are some of the most important components that every valid will in Florida should include:

One of the primary purposes of a will is to specify how assets will be distributed among beneficiaries. This includes property, financial accounts, sentimental items, and other valuables which are not covered by beneficiary distributions. Without a clear plan, Florida’s intestacy laws may divide assets in a way that does not reflect the individual’s intentions, including provisions for formerly jointly owned property, beneficiary-designated accounts, and special assets.

The personal representative, also referred to as the executor, is responsible for administering the estate according to the terms of the will. Under Florida Statute § 733.602, their duties include managing assets, paying debts, and distributing property to beneficiaries.

Florida law also establishes specific eligibility criteria for personal representatives under Florida Statute § 733.303, such as requiring them to be a state resident or a close relative of the decedent.

For families with minor children, naming a guardian is one of the most critical decisions in a will. This ensures that minor children will be cared for by someone the parents trust in the event of their passing. Without this designation, the court may appoint a guardian, which could lead to family disagreements or outcomes that don’t align with the parents’ preferences.

Creating a will may seem straightforward, but even small mistakes can lead to significant legal complications. Many individuals attempt to draft their wills without professional guidance, only to discover too late that their documents are invalid or unclear. Here are some of the most common mistakes seen in DIY wills and why working with a Florida will attorney from Luhrsen Goldberg is crucial:

Under Florida Statute § 732.502, a will must meet specific legal requirements to be valid. For example, the document must be signed at the end by the testator in the presence of two witnesses, who must also sign in each other’s presence. Failure to follow these requirements can result in the will being deemed invalid, leaving the estate to be distributed under intestacy laws instead.

Florida has unique estate planning laws that differ from those of other states. For instance, holographic wills, or handwritten wills, are not valid in Florida unless they meet statutory requirements. Additionally, oral wills, also called nuncupative wills, are not recognized at all. Ignoring these distinctions can cause significant issues during probate, delaying the process and increasing costs.

DIY wills often fail to account for unique family dynamics, such as blended families, minor children, or beneficiaries with special needs. They may also overlook provisions for tax efficiency or creditor protection. These omissions can lead to disputes among heirs or financial complications for beneficiaries.

By working with a skilled Florida wills and trusts lawyer, individuals and families can avoid these mistakes and create a will that complies with state laws while addressing their unique needs. At Luhrsen Goldberg, clients receive custom guidance so their wills are clear, enforceable, and written in a way that protects their loved ones.

Drafting a legally sound and comprehensive will is a critical step in protecting your family’s future. While some may attempt to create a will without professional help, working with an experienced Florida will lawyer offers undeniable advantages. At Luhrsen Goldberg, our clients can expect comprehensive solutions designed to simplify the process and give them the peace of mind they deserve.

A well-drafted will can reduce the likelihood of disputes and delays during probate. Florida’s probate process, under Florida Statute § 733.2121, can be time-consuming and stressful for families. We can write the will so that it is clear, in compliance with state laws, and minimizes potential complications, such as challenges to its validity or ambiguous instructions.

We can also help safeguard assets from unnecessary risks, including exposure to creditors or improper distribution. By accounting for jointly held property, beneficiary-designated accounts, and other financial considerations, a Florida will lawyer can counsel the client so that more of their assets reach the client’s intended beneficiaries, rather than estate creditors.

Every family is different, and so are their needs. We can address specific circumstances, such as blended families, special needs beneficiaries, or charitable giving. We can also integrate the will into a broader estate planning strategy by incorporating trusts, advance directives, and other tools for comprehensive post-death protection.

Working with Luhrsen Goldberg means our clients have a dedicated legal advocate who prioritizes their family’s well-being. By providing individualized guidance and addressing every detail, we help our clients create wills that protect their loved ones.

A will is an essential part of any estate plan, but it works best when combined with other elements to provide comprehensive protection for your assets and loved ones. For example, by integrating wills with trusts, advance directives, and powers of attorney, our clients can address a broader range of scenarios and honor their wishes in every situation.

Trusts – While a will outlines how assets are distributed after death, trusts can offer additional benefits, such as avoiding probate and protecting assets from a beneficiary’s creditors. For example, revocable living trusts allow individuals to maintain control over their property during their lifetime while simplifying the transfer process upon death. Partnering with our Florida wills lawyers means the trust will be properly structured to complement our client’s will.

Advance Directives – Documents like living wills and healthcare surrogate designations provide guidance for medical decisions if individuals are unable to communicate their wishes. Governed by Florida Statute § 765.302, advance directives ensure that healthcare providers and loved ones follow the individual’s preferences for treatment and end-of-life care.

Powers of Attorney – Designating a durable power of attorney appoints someone the individual trusts to manage their financial and legal affairs if they become incapacitated. Under Florida Statute § 709.2104, these documents grant authority to act on the individual’s behalf to provide continuity and protection during challenging times.

When we combine these tools with a well-drafted will, individuals can create an estate plan that addresses nearly every potential need. Luhrsen Goldberg clients can expect in-depth legal guidance so all components of their estate plan work together seamlessly and provide security for the future.

Life is constantly changing, so our clients’ wills should evolve to reflect those changes. A will that no longer aligns with a client’s current circumstances can lead to confusion, disputes, or unintended outcomes. Regularly reviewing and updating the will is essential if it is going to remain accurate, legally valid, and reflective of our client’s current wishes.

Major life changes, such as marriage, divorce, or the birth of a child, often necessitate revisions to a will. Similarly, buying a new home or starting a business should also be addressed to ensure proper distribution. The requirements for modifying or revoking existing wills to accommodate these changes can be found under Florida Statute § 732.506.

As individuals age, planning for long-term care becomes increasingly important. Updating a will to integrate provisions for long-term care planning can help protect assets and ensure that our client’s wishes are respected, especially in the event of incapacitation.

Florida laws surrounding estate planning can change over time, making it essential to review the will periodically. Working with a knowledgeable Florida will attorney is necessary to keep these documents in compliance with the latest statutes and aligned with personal goals.

Our clients at Luhrsen Goldberg receive proactive support to keep their wills up to date so that their estate plans continue to provide clarity and protection for their loved ones. Whether they need to revise an existing will or create a new one, our firm is here to help navigate life’s changes every step of the way.

Creating a will is an essential part of estate planning, but it is common to have questions about the process and its implications. Here are answers to some of the most frequently asked questions about wills in Florida:

If an individual passes away without a will, their estate is distributed according to Florida’s intestacy laws under Florida Statute § 732.102 and § 732.103. These laws determine how assets are divided among surviving family members based on a predetermined hierarchy, which may not align with the decedent’s intentions. A properly executed will allows individuals to maintain control over their estate and avoid these default rules.

Yes, wills can be contested under certain circumstances, such as claims of undue influence, fraud, or lack of capacity. Under Florida Statute § 732.518, there are specific grounds for contesting a will. Our team can properly execute the will to reduce the risk of disputes and challenges during probate.

Wills should be reviewed and updated after significant life changes, such as marriage, divorce, the birth of a child, or major financial shifts. Additionally, we recommended reviewing the will every three to five years to ensure it aligns with current wishes and complies with any updates to Florida law. If you have additional questions about wills, the estate planning process, or whether an existing will should be updated, Luhrsen Goldberg is here to help.

A properly drafted will is arguably the most important element of a solid estate plan. It ensures wishes are honored and loved ones are protected. Without a valid will, families may face unnecessary legal challenges, prolonged probate, and unintended consequences. A high-powered Florida will lawyer from Luhrsen Goldberg provides our clients with the compassionate guidance they need to create wills tailored to their specific needs.

Take the first step toward the estate planning process by scheduling a confidential consultation. Contact Luhrsen Goldberg through our secured contact form or by calling our office directly and get started as soon as today.