Video Summary

How can I contest a Will if I believe it’s invalid or unfair? You cannot attack a Will or ask it to be set aside if you believe it to be unfair. Those are the decedent’s wishes and they don’t have to be fair. They can leave it to anyone they want with a few exceptions as far as spouse or children that have not been provided for and only controls assets that are just in the decedent’s name. The other basis for challenging a Will is in the event that you can show that the decedent was incompetent at the time they executed the Will. This is a very, very high threshold. There’s cases that say even if they’re on a guardianship, they could have a lucid moment at the time of signing and the Will would still be valid. Usually the Wills are attacked based upon undue influence where one of the beneficiaries has or the beneficiary, the primary beneficiary has influenced the decedent to sign this will leaving everything to them or the majority of the estate. By the way, will contests are very expensive as far as the attorney fees are involved. There should be a lot of money at stake before you try and undertake to challenge a Will. If you have any questions, give me a call at 727-847-2288.

Video Summary

Does my Will need to be notarized to be legally valid? No, it does not. Your Will must be signed in the presence of two witnesses, and the presence of the person making the Will, as well as each other, in order to be a valid Will. So no, it does not need to be notarized. Many times you see where there is a notarization attached to a Will, and this is called a self-proving Will, which proves that everyone was present when the Will was signed, so that you don’t have to locate these witnesses to prove the Will after you don’t have to do it, but your heirs don’t have, or the personal representative doesn’t have to contact the witnesses to confirm that everyone was present at the same time when the will was signed. If you have any questions, give me a call at 727-847-2288.

Video Summary

Can I sign a will electronically or does it have to be on paper with witnesses? You can sign an electronic will that doesn’t excuse having two witnesses present. So you need to find a lawyer who handles electronic wills, which I don’t know there’s a lot that do handle electronic wills, but it’s a relatively new statute which authorizes that and where they deposit the electronic will. If you’re inquiring as to whether or not your paper copy can be signed such as a DocuSign will, the answer is no, you can’t do that. The will has to be signed in the presence of two different witnesses, whether or not it’s electronic or a paper copy. If you have any questions, give me a call. It’s 727-847-2288.

Video Summary

Do I need a separate Will for digital assets like social media accounts, crypto wallets, or online businesses? No, you do not. The Florida statutes provide for language to be used in Wills, which deals with digital assets. This was negotiated with the large Google and other digital asset platforms, and so you put this language in the Will that gives your executive the right to access these accounts and deal with them. Now, the exception is cryptocurrency, which number one is, that’s sort of like cash. There is no one to deal with, and so if you don’t have the wallet, you don’t have access. So, whoever does have the wallet, may have access to the cryptocurrency and so it does not work as far as that’s concerned with your will. And so, you would need to provide, make provision for your wallet number to be available upon your death to your executor. Otherwise, it may be lost forever. If you have any questions, give me a call at (727) 847-2288.

Video Summary

Can I include instructions for personal property like Jewelry, Heirloom separately from the Will? The answer is yes. Not only do you have it separately, but you also incorporate that list in your Will by referencing a tangible personal property list and saying that you’re dispersing or distributing these personal items that need to be signed and dated. And so, you reference that in the Will, which has the binding effect on the personal representative and designates the beneficiaries of these individuals. Now that list must be tangible, personal property. It cannot be money, stocks, bonds, intangibles, so it can be automobiles, heirlooms, jewelry, or whatever you designate the person you want to receive it. And the items, you don’t need to say, I leave my ring. You need to specifically identify which ring you want on this list, and whatever lawyer prepares your Will should be able to provide you with a form for you to complete and sign. And you can also change it without having to change your Will. Just sign a new list or sheet and sign and date it and suggest you go ahead and give a copy of it to your attorney so that he has the latest version of your tangible personal property list. If you have any questions, give me a call at (727) 847-2288.