Fleming Island Wills Attorneys

Helping You Plan for the Future

At Owenby Law, P.A., we understand that planning for the future can be a difficult and emotional process. However, it is also one of the most important things you can do for yourself and your loved ones. Our Fleming Island wills lawyers are here to help you navigate the process and ensure that your wishes are carried out.

Call (904) 479-2391or contact us onlineto schedule a consultation with our team today.

What is a Will?

A will, also known as a last will and testament, is a legal document that outlines an individual's wishes regarding the distribution of their property, assets, and the care of their minor children after their death. The person creating the will is referred to as the testator. A will allows individuals to specify how their estate should be handled, name beneficiaries to receive specific assets, appoint an executor to carry out the instructions, and designate a guardian for minor children.

In Florida, as in many other jurisdictions, there are several common types of wills:

• Simple Will: This is a basic and straightforward will that outlines the distribution of assets and may include the appointment of an executor and guardian for minor children.
• Testamentary Trust Will: This type of will establishes one or more trusts that come into effect upon the testator's death. These trusts can be used to manage and distribute assets over time, especially beneficial in cases involving minor beneficiaries or those with special needs.
• Joint Will: A joint will is created by two individuals, typically spouses, and outlines their wishes for the distribution of their combined assets. This type of will is less common and can be more complex.
• Pour-Over Will: This will is often used in conjunction with a living trust. It directs that any assets not already in the trust at the time of the testator's death should be "poured over" into the trust, ensuring they are distributed according to the trust terms.
• Holographic Will: While not as common, a holographic will is handwritten by the testator and may not need witnesses. However, it is subject to specific requirements for validity and can be more easily challenged.
• Self-Proving Will: This type of will includes an affidavit signed by witnesses and notarized, making it easier to probate since the court may accept the will without contacting the witnesses.
• Living Will: While not a traditional last will and testament, a living will (also known as an advance healthcare directive) expresses an individual's wishes regarding medical treatment in the event they become incapacitated and are unable to communicate.

Florida, like other states, has specific legal requirements for the creation and execution of wills. If these requirements are not met, the will may be deemed invalid. Consulting with an attorney is advisable to ensure that your will complies with Florida law and accurately reflects your wishes.

Benefits of Having a Will

Having a will offers several significant benefits:

• Distribution of Assets: A will allows you to specify how your assets and property should be distributed after your death. Without a will, state laws (intestacy laws) will dictate how your estate is divided, which might not align with your wishes.
• Choosing Beneficiaries: You can designate specific individuals or organizations as beneficiaries of your estate. This includes family members, friends, charities, or any other entity you wish to include.
• Appointing Guardianship: For those with minor children, a will enables you to name a guardian who will take care of your children in the event of your death. Otherwise, the court will decide on guardianship based on its assessment of the child's best interests.
• Executor Appointment: You can nominate an executor or personal representative who will manage your estate, handle the distribution of assets, pay debts, and ensure your wishes are carried out. Without a will, the court will appoint someone, possibly not someone you would have chosen.
• Avoiding Family Disputes: Clear instructions in a will can minimize potential conflicts or disputes among family members over the distribution of assets, reducing stress and disagreements during an already difficult time.
• Minimizing Estate Taxes: While this depends on the size of your estate and current tax laws, careful estate planning through a will can potentially minimize estate taxes and other costs that may arise during the probate process.
• Peace of Mind: Having a will provides peace of mind, knowing that your wishes regarding your estate and the care of your dependents will be followed after your passing.

Understanding the Importance of Regular Will Reviews

Creating a will is an essential step in estate planning, but it's equally important to review and update it regularly. Life is full of changes—marriages, divorces, births, deaths, and shifts in financial status can all impact your wishes. By conducting regular reviews of your will, you can ensure that it accurately reflects your current circumstances and intentions.

Here are some key reasons to schedule a will review:

• Life Changes: Major life events can alter your priorities and the distribution of your assets. Regularly reviewing your will allows you to adapt to these changes.
• Legal Updates: Laws regarding estate planning can change. Ensuring your will complies with current regulations can prevent complications for your heirs.
• Asset Changes: Acquiring or selling significant assets may necessitate updates to your will to reflect your current estate accurately.
• Beneficiary Changes: Relationships evolve, and so do your wishes. Regular reviews help ensure your beneficiaries are up-to-date and reflect who you truly want to inherit your assets.
• Maximizing Benefits: A well-reviewed will can help minimize tax liabilities and ensure that your heirs receive the maximum benefit from your estate.
• Clarifying Intentions: Over time, your priorities may shift. A review helps clarify your intentions and ensure your wishes are clearly articulated in your will.

We recommend scheduling a will review every few years or after any significant life event. Our dedicated team in Jacksonville is here to help you navigate these changes and ensure your estate plan is always aligned with your goals.

How We Can Help

At Owenby Law, P.A., we understand that creating or modifying a will is a crucial step in securing your legacy and protecting your loved ones. Our experienced team of attorneys is dedicated to guiding you through the complexities of estate planning, ensuring that your intentions are accurately represented in your will.

We tailor our services to your unique circumstances, providing expert advice and legal support to craft a comprehensive will that reflects your wishes. Let us be your trusted partners in securing a brighter future for you and your family through thoughtful and meticulous estate planning.

Contact us today at (904) 479-2391 to let our team help you draft your will.