Video Summary

Is the copy of a Will legal? No, you cannot have introduced into the probate court a copy of a Will. You must produce the original Will of the decedent in order for it to be admitted to probate. If you cannot locate the original Will and it was last in the possession of the decedent, it’s presumed revoked. Sometimes folks say, well, I’ll have signed two originals that way. I’ll leave one with a lawyer and I’ll take one. Well, in that instance, you have to account for both signed copies or again, it’s presumed to be revoked. Many of my clients like to leave the original Will in my office, not provide them with a copy so that if their copy is lost or if I even lose the original, it’s not presumed revoked because it was not last in their possession. So, with an original Will, it has to be presented to the court and must have to be proved by warrant of the witnesses who testified before the clerk that it was signed and the presence of both witnesses and the decedent and declared to be the last Will and Testament. That’s called approval. And that’s the reason why Wills are notarized and that that’s a self-proving Will. So the proof is done at the same time. The Will assign, but a Will does not have to be notarized in order to be effective. If you have any questions about Wills, give me a call at (727) 847-2288.

Video Summary

How much time is involved in setting up a will? Well, usually the time period consists of a conference wherein you meet with myself or an attorney and give him the information as to whom you would like to leave your assets upon your death, and further who you would like to be your executor. You need to have some idea of what assets you have and how they’re titled, and that drafting a will is incorporated in estate planning. Knowing how your assets are titled is important as far as knowing what the will will control since your will will not control jointly-owned assets, assets that are titled with a payable on death, life insurance or IRAs that have beneficiaries. After you have the estate planning conference, then you’ll later have to come back and sign your well.

We also discuss in our well conference a living will which says that you don’t want your life prolonged artificially. Also, a healthcare surrogate form where you authorize someone to receive health information too, as far as HIPAA is concerned, and to make medical decisions for you, as well as a durable power of attorney.

Give me a call if you’d like to do some estate planning and have a well-prepared my phone number’s (727) 847-2288.

Video Summary

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.