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Florida Wills

A last will and testament directs the distribution of a person’s probate assets upon their passing. Probate assets may include real estate, bank and investment accounts, stocks, bonds, insurance, and tangible personal property such as motor vehicles and jewelry.

When drafting a Florida Will there are some additional considerations to review prior to finalizing. The will must be in writing, signed by the testator at the end, witnessed by two witnesses, and acknowledged by a notary. Additionally, the witnesses must be in the presence of the testator. Each of these steps are extremely important to eliminate time and expense for the Executor.

Although there is NO INHERITANCE TAX in Florida; there are still critical issues to consider for a person when drafting a will include:

    1. Who will be my executor?
      • Must be 18
      • Must be Felony free
      • Must be physically and mentally capable of serving
      • Must be a Florida resident OR related to the decedent by blood, marriage, or adoption!
    2. Do I have any minor children or grandchildren?
    3. Do I have a loved with a disability?
      • Supplemental Needs Trust Language
    4. How are my assets currently titled?
    5. Is my property Homesteaded?
    6. What if I require skilled nursing care in the future?
    7. Are there any Federal Estate Tax implications?