Will Attorney in Ormond Beach & Palm Coast, FL

Skilled Florida Will Lawyer: Secure Your Family’s Future

A last will and testament is a foundational document in an estate plan that does not have a trust. It can help ensure your assets are distributed according to your wishes and allows you to name guardians for your minor children. Whether you are beginning your estate planning journey or updating a will after moving to Florida or a major life event in Daytona Beach, Ormond Beach, or Palm Coast, our experienced Florida estate planning attorney is here to guide you.

Why Do You Need a Will in Florida?

A will is a legal document that details how your property and assets should be distributed after your death. It allows you to name an executor to manage your estate and a guardian or guardians to care for your minor children. Having a will in place gives your loved ones clear instructions, minimizes the potential for legal complications, and brings your family peace of mind. Without a valid will, Florida intestacy laws could govern how your assets are divided, regardless of your wishes, which could result in the following situations:

Delays and additional court costs in probate
Unintended heirs receiving shares of your estate
Minor children being placed with guardians you would not have chosen
Family conflicts due to a lack of clarity or direction

What Does a Will Do?

When prepared by an experienced Florida estate planning lawyer, a last will and testament can serve as the cornerstone of your estate plan. A well-crafted will allows you to do the following:

Distribute your assets to specific individuals, organizations, or charities
Name a personal representative (executor) to manage your estate
Appoint guardians for minor or dependent children
Set up testamentary trusts for long-term management of inheritances
Make special provisions for pets, family heirlooms, and sentimental items

What Are the Legal Requirements for a Valid Will in Florida?

Working with a knowledgeable estate planning attorney can help ensure your will complies with legal requirements and can withstand any potential challenges. Under Florida law, a will must meet the following requirements to be enforceable:

The testator (person making the will) must be of sound mind and 18 years of age or older, or an emancipated minor.
The will must be in writing; oral wills are invalid in Florida.
The will must be signed by the testator (or by another person at the testator’s direction and in the testator’s presence).
The will must be executed in the presence of at least two attesting witnesses, who must sign the will in the presence of each other and the testator.

Which Is Right for You: A Will or a Trust?

Many individuals can benefit from establishing a revocable living trust or another type of trust as part of a broader estate plan. For most adults, a will is essential, with or without a trust. When you set up a revocable living trust, you need a “pour-over will” as a safety net to catch any assets not transferred to the trust before your death and to appoint guardians for minor or dependent children.

Our Daytona Beach, Ormond Beach, and Palm Coast attorney can help you determine if you need only a will or a more comprehensive estate plan that includes a trust. The following are key differences between wills and trusts:

A will takes effect after your death. A trust can be used to manage your assets during your lifetime and after your death.
Assets distributed through a will go through probate. Assets transferred into a trust typically avoid the probate process.
A will is a public record after it is entered in probate. A trust is not public and helps you maintain privacy.

What Should You Include in Your Will?

Although each person’s estate plan is different, the following are standard components included in our clients’ wills:

Personal representative appointment: Your personal representative is the individual (or authorized entity, such as a trust company or bank) responsible for managing your estate, paying debts and taxes, and distributing assets to your designated beneficiaries. Under state law, a personal representative must be a resident of Florida if they are not a close relative or a close relative of the decedent living anywhere in the United States
Distribution of assets: Your will should specify who gets each of your assets, including real estate and bank accounts. Digital assets and personal property, such as art, jewelry, and collectibles, could be listed in the Will or a “Personal Property Memorandum.
Guardianship of minor children: A will is the legal document in which you name a guardian or guardians to care for minor children if both parents are deceased or unable to serve.
Charitable gifts: You may give a portion of your estate to religious, educational, or other charitable organizations. A will allows you to express your philanthropic intentions clearly.

When Should You Update Your Will?

As life changes, a will should change along with it. In Florida, this can be done through a codicil (amendment), which is not a safe alternative, or by creating a new will that revokes the old one. Crossing out sections or making handwritten notes may not be sufficient. This could lead to confusion or litigation.

Your will should be reviewed and potentially updated after significant life changes, including the following:

Marriage, divorce, or remarriage
Birth or adoption of children or grandchildren
Death of a personal representative or beneficiary
Acquisition or sale of property
Moving to Florida from another state

What Other Documents Do You Need Along With Your Will?

As part of a comprehensive estate plan, we recommend the following documents that work with your will to provide full protection during your lifetime and after your death:

Durable power of attorney: This document authorizes a person you trust to handle your financial affairs if you should become incapacitated through injury or illness.
Healthcare surrogate designation: With this document, you can appoint someone to make medical decisions on your behalf if you cannot do so.
Living will: This legal document allows you to declare your wishes regarding medical treatments and life-prolonging procedures in case you become incapacitated and unable to communicate your decisions.

Do You Need a Lawyer to Draft Your Will in Daytona Beach, Ormond Beach, or Palm Coast, FL?

You are not legally required to have your will drafted by an attorney. DIY kits and online forms pose a risk, as they may not meet all Florida legal requirements. They may omit crucial estate planning issues, such as tax implications, alternate guardians, contingent beneficiaries, and digital assets. Minor errors can lead to major problems, including invalid wills and probate battles.

Working with an experienced Florida wills attorney can help to ensure the following:

Your will is legally valid.
Your assets are properly described and distributed according to your wishes.
Your plan coordinates with other documents, such as trusts and powers of attorney.
Your loved ones are protected.
You have peace of mind knowing your wishes will be carried out.

Why Choose Us?

At Selis Law Firm, we focus our practice exclusively on estate planning, elder law, and probate. Our seasoned will attorney has in-depth knowledge of Florida’s legal landscape and probate court procedures. We offer our clients personalized attention, custom drafting, an efficient process, and ongoing support. If you are creating or updating a will in Daytona Beach, Ormond Beach, or Palm Coast, contact our firm at 386-210-0058.