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How long is a will good for? A properly executed will has no expiration date. You should always consider updating your will whenever there’s a change in circumstances. Many times I’m asked whether or not my will from another state is valid. If it was properly executed in that state, then Florida will recognize it. One thing you do need to keep in mind though, is that you need to keep track of your original will, and that a copy of a will cannot be used after you pass away, as far as probate concern. If you retain the original will in your possession or have it in your possession that’s lost or destroyed, it’s presumed revoked. Some law firms such as mine, we retain the original wills in our fire rated file safes as a courtesy and a convenience to our clients and provide them with a copy. Other law firms give the original to the person who executes the will, and hopefully they keep track of it. So if you have any questions or would like to make out a will, give me a call at (727) 847-2288.

Video Summary

What is elective share? Elective share is the rights of a spouse who decides to elect to take against their late spouse’s estate. So if the late spouse left a will and they said, “I leave everything to my girlfriend or boyfriend,” the spouse has a right to file an election to get 30% of all assets which the decedent had, whether it be held in trust or whatever assets they had. So they can file that and take that as their elective share. In Florida, it’s 30% and there’s a formula that they use as far as jointly held assets or life estate assets and includes life insurance.

If you are a spouse and your late husband or wife died with a will and did not include you or did not include enough information in there, well, give me a call and we can discuss your rights as far as a surviving spouse and elective share. My phone number is 727-847-2288.

Video Summary

What is a pretermitted spouse or child. A pretermitted spouse or child is when a decedent drafts a will and subsequently is married, or has a child after they’ve executed their will. The spouse or minor child, or child, is considered pretermitted unless the will expressly provides for them in contemplation of marriage, of course we believe it’ll be a little … or contemplates taking care of them after born children, after the will is executed. The pretermitted spouse or minor child has a right to file a notice in a probate proceeding, asking for a determination of beneficiaries, so that they would get their share as if the decedent died without a will. If you have that problem, well, give me a call at (727) 847-2288.

Video Summary

Is there a time limit when descendants can get access to the items of the deceased? Well, that is a very practical or problematic problem in that if there is no titled assets in the name of the decedent, which would necessitate having a probate proceeding, then there is no one in charge of the decedent’s personal items.

If there is a titled personal property and there’ll be a probate proceeding, the personal representative of the estate is the one should take charge of the personal items, and then distribute those. When you do estate planning, you can fill out a personal property list, designating whom you would like to receive those items and that might go a long ways.

In the cases whenever there is not gonna be a probate, then it is … there really is not a good answer to the situation in that whoever has possession of those items of personal property is probably the one you need to work that out with and as far as access of it, well, it’s just sometimes on a first come, first serve basis.

So hopefully, the decedent had a functional family. If they didn’t have a probate proceeding, well, then the family can decide on how to divide up the items of personal property. Usually, the items are almost, in every case that I’ve seen in my career, I don’t know that we’ve ever filed an action concerning personal property, whenever someone says they had personal property and trying to establish the value of it and who is to receive it.

If you have any questions about a probate proceeding, well, give me a call at 727-847-2288.

Video Summary

What is a holographic will?

A holographic will is one that is written out by the person, or the testate of the person, that they’re writing their own will. So, it’s a handwritten will. And under Florida law, the holographic will – or a handwritten will by the testate or the person that’s making out the will for themselves – must comply with Florida law, which requires that it be witnessed by two different witnesses who sign in the presence of the person that’s writing out the will.

I hear from my clients, from time to time, where they’ve put off making out a will. They get ready to go on a trip – particularly if they’re going to Europe or getting on an airplane ride – that they’ve written out something as to what they want done. They show it to me after they get back safe and sound, and then say, “Well, I did a will, myself.” Well, that’s not gonna be effective in Florida, because it doesn’t have the two witnesses, or wasn’t executed with the formality that’s required under Florida law, which is the two witnesses.

So if it is witnessed and the witnesses were present when the testate or the person making out the will signed it, it’s not effective. If they were there, it is effective. And then we’ve gotta try and decipher what you had to say, without any guidance of an attorney.

I believe that there are some states that give preference to holographic wills, and not require them to comply with the formalities of a typewritten will or a will prepared by a lawyer. But that is not the case in Florida.

So, if you have a holographic will, give me a call at 727-847-2288, and I’ll set you up a will conference. Thank you.