Orange Park Will Attorney

Orange Park Will Lawyer

A will allows you to detail how you want your personal property and assets distributed to your beneficiaries. It also allows you to appoint caretakers for minor children, an executor of your estate, and more. By forming a will, you can help create a plan for your future that protects your assets and your loved ones. If you’re looking to create a will in Orange Park, don’t hesitate to reach out to our experienced Orange Park will attorney for assistance.

The Law Office of Douglas A. Oberdorfer, P.A.: Your Partner in Estate Planning

Whether you’re creating a simple will or a complex estate plan, it’s crucial that you have an experienced estate planning attorney on your side who can guide you through the process. The Law Office of Douglas A. Oberdorfer, P.A. shares more than two decades of estate planning and probate law experience. We have the insight needed to help you form a will that fits your and your family’s unique needs and can ensure all legal aspects are addressed.

Understanding Wills and Their Importance

A will serves several vital purposes, both for you and your loved ones. The following are some of the most important aspects of a will:

1. Executor Appointment: A will allows you to name an executor to manage the distribution of your assets and handle the estate’s legal and financial matters.
2. Distribution of Assets: You can specify how your estate, including your bank accounts, investments, real property, and personal belongings, will be distributed among your beneficiaries.
3. Guardianship: You can appoint guardians for your minor children or loved ones who need special care.
4. Debt Resolution: You can also determine how outstanding debts should be settled once you’re gone.

The Probate Process in Orange Park

Your will is executed through the probate process. This process takes an inventory of your entire estate, addresses any claims from creditors, and divides your property to your beneficiaries. Having a legally valid will ensures that your assets are distributed according to your wishes during probate rather than Florida’s intestate succession laws. During probate, your appointed executor will handle distributing your assets instead of the state.

Requirements for a Legally Valid Will in Florida

A will must meet specific legal requirements to be considered valid in Florida. These requirements include:

• The testator (will maker) must be over the age of 18 and must have the mental and legal capacity and competency to understand what creating and signing a will means.
• The person making the will must sign it or direct someone to sign it for them.
• Two witnesses who are not also heirs or being left out of the will must sign the will. These individuals must also have the competency to understand their actions. The witnesses must sign in each other’s presence.
• The will must be in writing.

Can You Update Your Will in Florida?

Anyone who forms a will has the opportunity to modify it when circumstances change. Because life changes quickly, it is smart to review and make updates to your will periodically. Getting married or divorced, or having a child, should prompt you to make updates to your will. It is important that your will reflects your life changes and your specific wishes at all times.

Common Causes of Will Contests

In Florida, as in most jurisdictions, will contests typically arise during the probate process by beneficiaries, or those who would benefit under intestate laws, on the basis that the will does not meet one of the following prerequisites:

• No Good Will: If the will is deemed not to be honestly made but instead influenced by some other party (like a sibling), it will not be accepted.
• Invalidation: If the will fails to meet the legal criteria, it will be set aside.
• Undue Influence: If the testator was influenced by a third party for personal gain, the will cannot be valid.
• Fraud or Forgery: Instances where the will was misrepresented or forged make the document invalid.
• Coercion or Duress: If the testator was forced to sign the will under threat, it is not valid.
• Lack of Testamentary Capacity: The testator must understand the implications of creating a will. If they do not, the court cannot honor the document.

FAQs

Q: How Much Should a Will Cost in Florida?

A: The amount a person pays for a will in Orange Park and throughout the entire Florida varies greatly depending on the unique factors of your situation. For example, your will’s complexity, the amount of assets you have, and attorney’s fees can all impact your total cost. Some attorneys charge legal consultation fees and other service charges as well. It is important to discuss costs with your Orange Park will attorney to gain a clearer understanding of what you may have to pay.

Q: Do I Need a Lawyer to Form a Will in Florida?

A: Technically speaking, you do not legally need a lawyer to create a will in Florida. However, working with a lawyer helps to ensure that you create a will that addresses all of your needs legally. Unfortunately, many people who attempt to draft wills on their own make mistakes that cause their will to be invalid. Working with an estate planning attorney is smart to ensure you create a will that meets your needs and is legally valid.

Q: Is It Better to Have a Will or Trust in Florida?

A: Whether a will or trust is better for you depends on your estate and what you want to do with it. Wills tend to be more simple and straightforward, while trusts can be more complex. If you have a great deal of assets and are looking to avoid probate when distributing them, a trust may be better for you. If you just want to lay out your final wishes and list beneficiaries, a will may be the right choice. Consult our team to learn what you should choose.

Q: Should You Put Your House in a Trust in Florida?

A: Putting your house in a trust in Florida can save on probate costs and smooth out the ownership transfer process. However, it comes with the responsibility of added lawyers, trustees, and administrators. It is a good idea to speak with an estate planning attorney to determine if this option is right for you and your needs.

Contact Our Trusted Orange Park Estate Planning Team

At the Law Office of Douglas A. Oberdorfer, P.A., we can assist you in crafting a will that meets your unique needs while ensuring it meets legal requirements. Contact us today to organize your estate and help bring security to you and your loved ones.