Types of Wills in Plantation

Wills come in various forms. Whether you are new to the estate planning process or you are searching for more options, it may be helpful to review the different types of Wills in Plantation. Once you become aware of the various options, it might be easier to select an optimal strategy based on your unique needs and goals. An experienced estate planning attorney may be able to explain your choices in more detail.

Self-Proving Wills in Florida 

A self-proving Will is one that includes a sworn statement (affidavit) from the testator. This sworn statement confirms that the Will is valid, and it must be witnessed and signed by witnesses. The presence of these additional signatures might seem burdensome, but it can streamline the probate process. Self-proving Wills are not mandatory in Florida, but they are popular and could be beneficial. A Will drafted and executed in another state may not be Self-Proved under Florida law.  The probate process can be complex and costly in Florida, and any strategy that can make it easier is worth considering.

Holographic Wills in Florida

A holographic Will is handwritten by the testator. These types of Wills are often scrawled by people on their deathbeds, and these individuals might wait until the last possible second to begin the estate planning process. While holographic Wills can be more challenging to validate in court, they may still stand up to scrutiny under certain circumstances.

First, you should know that all Wills must be signed by the testator in Florida. This means that after writing the Will by hand, the testator must sign the document. Not only that, but the testator must also find two witnesses to sign the document as well. As long as the Will meets these requirements, it should be valid in court. If the Will was created in a very “last-minute” manner, however, it may not meet these requirements. 

Oral Wills in Florida 

An “oral Will” is not in writing. Instead, the testator merely tells someone the details of their Last Will and Testament. This type of Will is never valid in Florida, as all Wills must be in writing. 

Pour-Over Wills in Florida

Pour-over Wills represent a more complex option. These Wills automatically transfer personal assets into a trust when you pass away. This helps ensure that as many assets as possible are protected by your trust, even if you do not transfer them into your trust before you pass away.

This type of estate planning option only makes sense if you also create a trust. People create trusts for various reasons, including asset protection, Medicaid planning, and tax planning.

Can an Estate Planning Lawyer in Plantation Help Me? 

An estate planning lawyer in Plantation may be able to help you review the various types of Wills in Florida. While some of the distinctions are somewhat minor, others can drastically alter your estate plan. Some types of Wills may not even be valid in Florida, and this highlights the potential benefits of legal guidance. Continue this conversation alongside 411 Probate to learn more.

Source:

floridabar.org/public/consumer/pamphlet011/