Do I Need A Lawyer For A Will?


Video Summary


Do I need a lawyer for a will?


Yes, you should use a lawyer to prepare your will. Each state has different laws as far as how the will is to be signed, so there's a certain formality involved as far as signing a will. In Florida, it requires that the will be signed in the presence of two witnesses, and the person who executes the will. And if it is not, and if both parties are not present, then the will can be challenged and is ineffective.


Also, there are certain provisions in a will that you would want to consult with a lawyer – besides the particular language, as far as paying your bills – as far as what property you want to go to what particular person. It's not a particularly good idea to try and designate a beneficiary for each one of your assets, since those assets are fluid and you don't know what assets you'll have at the time of your death.


So, it is my suggestion, whenever I take information to prepare your will, that you allocate it into shares or percentages for the particular beneficiaries. If there's a particular grandchild or person that you wanna leave a specific sum of money, well, we can designate that.


It's also important to know or consult with a lawyer as far as devising your home or your homestead property. And there's certain constitutional provisions which does not allow you to leave your house to anyone you want, if you're married or if you have minor children.


So, if you'd like to have a will prepared, give me a call. I'll be glad to give you a quote for preparing the will. Also, there's other documents that I will talk to you about whenever we do your estate plan, such as a living will which states your dying declaration as to whatever circumstances you want life support to be discontinued.


Also, a healthcare surrogate, which is a healthcare power of attorney form where you're designating someone to make healthcare decisions for you if you're unable to do so. And, also, a durable power of attorney which appoints an agent to be able to sign on your behalf. And the durable power of attorney is effective even if you become incapacitated, and may avoid having to set up a guardianship.


So if you would like to do some estate planning, giving me a call at 727-847-2288.