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Palm Beach County Estate & Probate Attorneys / Palm Beach Gardens Wills Attorney

Palm Beach Gardens Wills Lawyers

At Kitroser Lewis & Mighdoll, we understand how important it is to have a valid will in place. A will serves as the cornerstone of your estate plan, ensuring that your assets are distributed according to your wishes after you pass and that your estate is administered by someone you trust. Our Palm Beach Gardens wills lawyers take the time to sit down with you, learn about your needs and desires, and explain how a will can help you achieve those goals. Drafting valid and enforceable wills custom-tailored to the needs of our clients is an essential aspect of the comprehensive estate planning services we offer.

What Is a Will?

A will, also known as a last will and testament, is a legal document that allows you to express your final wishes regarding the distribution of your property, assets, and even guardianship of minor children. Without a valid will, Florida’s intestacy laws will determine how your assets are distributed, which might not align with your personal preferences.

Requirements for a Valid Will in Florida

To ensure that your will is legally enforceable in Florida, it must meet the following criteria outlined in Florida Statutes §732.502:

1. The Will Must Be in Writing. Under Florida law, oral wills are not considered valid. Your will must be in writing, whether handwritten or typed, and it must clearly articulate your wishes.

2. Testator’s Signature. The person making the will, known as the testator, must sign the will at the end of the document. This signature confirms that the testator approves of the content and that the will is being executed willingly. If the testator is physically unable to sign, they may direct someone else to sign on their behalf, but this must be done in their presence and under their explicit direction.

3. Witnesses. Florida law requires that the testator’s signature be witnessed by two individuals. These witnesses must sign the will in the presence of the testator and each other. The witnesses play a critical role, as they can later testify that the testator signed the will voluntarily and with full mental capacity.

4. Competence and Intent. The testator must be of sound mind when creating the will. This means they must understand the nature and extent of their assets, know the “natural objects of their bounty” (typically close family members), and understand the consequences of signing the will. This requirement ensures that the testator is making informed decisions and is not subject to undue influence or coercion.

5. No Requirement for Notarization. While notarization is not necessary for a will to be valid in Florida, it can be helpful. By having the will notarized, it becomes “self-proving,” meaning it can be admitted to probate without the need for witness testimony. This streamlines the probate process and ensures a smoother administration of your estate.

Revoking or Changing a Will

A will is not set in stone. You can revoke or change your will at any time, as long as you meet the legal requirements to do so. Some common methods of revocation include physically destroying the will (such as tearing or burning it) or creating a new will that explicitly revokes the prior one. If you choose to make changes, those changes must be executed with the same formalities as the original will, meaning the updated document must also be signed and witnessed.

Why You Need a Will

Having a valid will in place is essential for several reasons:

  • Control Over Asset Distribution: A will allows you to dictate exactly how your property and assets will be divided, ensuring that your wishes are respected.
  • Guardian Appointment: If you have minor children, a will lets you name a guardian to care for them in the event of your passing.
  • Avoiding Intestacy: Without a will, your estate will be distributed according to Florida’s intestacy laws, which may not align with your intentions.
  • Simplifying the Probate Process: A clearly written and properly executed will can help streamline the probate process for your beneficiaries.

How Kitroser Lewis & Mighdoll Can Help

Creating a will is a critical step in securing your family’s future and ensuring that your wishes are followed after your death. At Kitroser Lewis & Mighdoll, we are committed to providing personalized estate planning services tailored to your unique needs. We will guide you through the process of drafting a valid will that complies with Florida law and reflects your individual circumstances.

Our team can also help you review and update your will as your life circumstances change, such as when you acquire new assets, experience family changes, or simply wish to revise your initial plan. With our expertise in Florida estate planning, you can have peace of mind knowing that your legacy is protected.

Contact Kitroser Lewis & Mighdoll to Help With Wills in Palm Beach Gardens

If you’re ready to create or update your will, call Kitroser Lewis & Mighdoll today at 561-721-0600 or contact us online to schedule a consultation. Our experienced estate planning attorneys are here to help you every step of the way.