Fort Myers Wills Attorneys

What Happens if You Die Without a Will in Florida?

Failing to create a will eliminates your ability to direct the distribution of your estate. Instead, your assets will be divided according to Florida's intestacy laws. This may result in your extended family and friends being excluded from inheriting any part of your estate.

Furthermore, the probate process can become protracted and expensive without a will to provide clear instructions. Relying on the state's default laws for estate division can exacerbate these challenges, potentially leading to delays and higher costs for your loved ones.

Is a Handwritten Will Legal in Florida?

Yes, handwritten wills are legal in the state of Florida. They must, however, be properly signed and witnessed to be valid.

For a will to be “witnessed,” it must have been signed in the presence of at least two witnesses. Note that these witnesses must also sign the will in the presence of the testator (the person making the will). But even then, complications can arise, such as a judge's inability to decipher the testator’s handwriting. Concerns over forgery may also get in the way.

Since enforcing a handwritten will can be complicated, it is best to work with a legal professional when drafting and filing a will in Florida. You can rest easy knowing your will is valid and aligned with your wishes.

Keep in mind that the above only applies in the Sunshine State. Handwritten or holographic wills are considered valid in many other parts of the country.

Your Will Can Cover More Than Just the Things You Own

Beyond determining what happens to the material possessions you own in life, your will can serve a very practical purpose for the most precious loved ones we may have in our lives:

• Our children
• And our pets

Establish Guardianship of Your Children

Guardianship over children can be determined in your will. If you want to trust a sibling, parent, or another relative to raise your minor children when you pass on, you can outline your wishes for your children’s guardianship until they reach 18.

You may also establish a separate trust for them that the guardian can look after and manage until your children become adults. When working with a wills attorney on your plan in Fort Myers, be sure to ask more about how you can protect your children’s interests.

Establish Ownership Rights of Your Pets

Pets are legally considered property, but people nonetheless account for them as irreplaceable members of their families and love them as such. When building your will, you can have your attorney include ownership rights to a trusted loved one who you know will care for your pet.

Determining new ownership of your pet can be especially important if it is a long-living species like a parrot or tortoise whose lifespans can be on par with or exceed that of a human. In some cases, a trust can even be established to help the pet’s new owner pay for its care and well-being.

Contact Our Fort Myers Wills Lawyers Today

For expert assistance in preparing your will, contact the attorneys at Dorcey Law Firm. We extend a complimentary consultation to all potential clients, accommodating appointments during regular business hours or after-hours by appointment only. Whether you prefer consultations over the phone, in person, or via video conference, we're here to accommodate your needs. Additionally, our services are available in Spanish for your convenience. Schedule your consultation today to ensure your estate planning needs are met with precision and care.

Contact Dorecy Law Firm today to meet with our wills lawyer in Fort Myers!