What Not to Do When Drafting Your Will
To secure your legacy and ensure that your wishes are fulfilled after your departure, drafting a will is a crucial step. A clear, well-structured will serves as guidance for your loved ones during one of the most difficult times of their lives and helps them avoid any possible legal disputes or confusion. When drafting a will, though, there are common mistakes made and it is important to know how to avoid these. Below, our New Port Richey wills lawyer explains what these are.
Failing to Execute Your Will Properly
Like all other states, Florida has specific requirements for wills. If these are not followed, a will may not be considered legally valid. The requirements all wills must meet include:
- The person drafting the will must sign the document at the end.
- The testator, or person drafting the will, must be of sound mind and at least 18 years of age.
- The testator is required to sign the document in the presence of at least two witnesses. Following the testator’s signature, both witnesses must also sign the document.
Failing to Choose an Appropriate Personal Representative
Choosing an appropriate personal representative is one of the most important decisions you will make when drafting a will. Your personal representative has a great deal of responsibility and must manage your estate after you pass away. This task involves a number of different tasks, including distributing property and paying off the debts of the estate. Choosing the wrong personal representative can result in the mismanagement of assets and lengthier probate proceedings.
It is crucial to choose a personal representative that is trustworthy and will ensure your wishes are fulfilled. You should also ensure they can handle the tasks associated with administering your estate. Just like the actual document itself, it is also important to ensure your personal representative meets the requirements under Florida law. In Florida, personal representatives must be at least 18 years of age, be of sound mind, and not have a previous felony conviction.
Using Vague Beneficiary Designations
It is imperative that you clearly state the names of your beneficiaries. People sometimes use vague terms such as ‘my children’ but this can lead to disputes and other issues. For example, if you have stepchildren, there may be a dispute regarding whether you intended to include them in your will or whether you meant solely your biological children. This can result in a will contest, delaying the probate process.
Not Updating Your Will Regularly
Drafting a will is important, but it is not a ‘set it and forget it’ matter. Over the years you will likely experience many life changes, including births, deaths, divorces, and marriages. Any time there is a major life event, it is critical to review your will to ensure it still reflects your wishes.
Our Wills Lawyer in New Port Richey Can Help You Avoid Mistakes
You draft a will to protect you and your family and to ensure your final wishes are fulfilled. The document can only do this, though, if it is drafted properly. At Messina Law Group, P.A., our New Port Richey wills lawyer can help ensure yours is drafted properly and that no mistakes are made so you can have the confidence that your legacy is secured. Call us now at (813) 492-7798 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
