Wills are written documents that specify who will get your property once you have passed on.
Florida wills need to be written and executed according to Florida law. The State of Florida has statutes that specify what is necessary in order to have a valid will. What Florida wills require can be discussed with an attorney. At Bret Jones, P.A. our attorneys can help you achieve what you desire in a will. We want our client’s wishes to be fulfilled. Having a will is a good idea, and there are many issues that an attorney can help you with during the creation and execution of a will. Let’s take a look at some of them.
Some Florida Wills Issues That An Attorney May Help You With
There are a few items that an attorney may assist you with if you have any issues with Florida wills. For instance, is a decedent’s will still valid if they get married after writing the will? How will a new marriage affect the will? What if the decedent adopts children? What if there is a divorce? An attorney will probably take a look at Florida Statute 732.507 to answer these questions. According to Florida Statute 732.507:
Effect of subsequent marriage, birth, adoption, or dissolution of marriage.—
“(1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as set forth in ss. 732.301 and 732.302, regardless of the prior will.
(2) Any provision of a will executed by a married person that affects the spouse of that person shall become void upon the divorce of that person or upon the dissolution or annulment of the marriage. After the dissolution, divorce, or annulment, the will shall be administered and construed as if the former spouse had died at the time of the dissolution, divorce, or annulment of the marriage, unless the will or the dissolution or divorce judgment expressly provides otherwise.” (2018).
As we can see from the statute above, everything is addressed pretty clearly. That being said, you probably would want to speak with an attorney in more detail if you have any questions related to these issues. Each situation is unique, as is each person. Speaking about Florida wills with an attorney is a good idea. An attorney can help you understand all of your options, and answer any specific questions you may have about the process of drafting and executing a will. Remember, each person is unique. There’s no such thing as a bad question. If you are reaching out for assistance with a will, you should be proud of yourself for planning for the future of your family and loved ones.
Having a Will Is A Good Idea
Having a will is a good idea. Although the thought of preparing for your passing can seem negative, there are many positive things that can come out of having a plan in place for your passing. By making sure that you a will in place, you make it much easier for your loved ones. If you do not have a will, your assets will be divided according to the intestacy laws of the State of Florida. As with most states, Florida has intestacy statutes that determine who will receive your property after you pass.
If you pass away with a will, then the intestacy statutes will need to be adhered to. Part I of Chapter 732 of the Florida Statutes deals with intestate succession. It is much easier for your family and loved ones if you pass away with a valid will. The Florida statutes detail what is to be done in case someone passes away without a will. These intestacy laws describe many things that are a part of today’s world. Nevertheless, you probably don’t want your family and loved ones depending on the Florida Statutes to decide what will be provided to them. What if you don’t have a will and you have adopted children? What if you don’t have a will and you have children that were born outside of marriage? What happens in cases like these? The Florida Statutes have the answer in Florida Statute 732.108:
Adopted persons and persons born out of wedlock.—
(1) For the purpose of intestate succession by or from an adopted person, the adopted person is a descendant of the adopting parent and is one of the natural kindred of all members of the adopting parent’s family, and is not a descendant of his or her natural parents, nor is he or she one of the kindred of any member of the natural parent’s family or any prior adoptive parent’s family, except that:
(a) Adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and the natural parent or the natural parent’s family.
(b) Adoption of a child by a natural parent’s spouse who married the natural parent after the death of the other natural parent has no effect on the relationship between the child and the family of the deceased natural parent.
(c) Adoption of a child by a close relative, as defined in s. 63.172(2), has no effect on the relationship between the child and the families of the deceased natural parents.
(2) For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a descendant of his or her mother and is one of the natural kindred of all members of the mother’s family. The person is also a descendant of his or her father and is one of the natural kindred of all members of the father’s family, if:
(a) The natural parents participated in a marriage ceremony before or after the birth of the person born out of wedlock, even though the attempted marriage is void.
(b) The paternity of the father is established by an adjudication before or after the death of the father. Chapter 95 shall not apply in determining heirs in a probate proceeding under this paragraph.
(c) The paternity of the father is acknowledged in writing by the father.” (2018).
As we can see, the statute does go into detail. It cannot be stressed how much easier it is for surviving loved ones if there is a valid will. By ensuring that you have a will that has been drafted and executed in accordance with the law, you can ensure a clearer road ahead for your children.
Contact Bret Jones, P.A. For Help with Florida Wills
At Bret Jones, P.A., we can make sure that you not only have a valid will, but that it is drafted according to your wishes. We make sure that all of our client’s desires are met. Florida wills are important, and we want all of our clients to be happy with the outcome and process. If you or someone you know has questions about Florida wills, reach out to us. We would be more than happy to speak with you about your options. At Bret Jones, P.A., your first consultation with us is for free. Reach out to us today to speak with us about your options. We look forward to hearing from you.