J. Kelly Kennedy, Attorney/CPA, PLLC

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Attorney and CPA

Creating a will in accordance with Florida law

Most Florida residents know that a will is one of the cornerstones of a good, comprehensive estate plan. However, there are still many people who neglect to create a will because they might think that the task is too complicated. Fortunately, the reality is that the actual procedure of making a will can be easy to follow; it is the choices that have to be made in the process that can be difficult.

For a will to valid under Florida law, there are certain legal requirements that must be met. First and foremost, the will must be in writing, and it must be signed by the person who is making the will, known as the "testator." But, not only must the testator sign the will, the act of signing must be witnessed by two people who can attest to the fact that it was the testator who actually signed the will. And then those two witnesses must sign the will as well, in each other's presence and in the presence of the testator.

That is pretty much all there is to properly executing a will in accordance with Florida law, which may seem fairly simple. However, as mentioned above, it is the choices regarding assets, guardianship and many other estate issues that can be complicated when it comes to estate planning.

Some people in Florida may think that they don't need a will or an estate plan of any kind. However, almost everyone can benefit from setting out a legal document that outlines their choices for what will happen to their assets upon death.

Source: leg.state.fl.us, "The 2016 Florida Statutes," accessed Jan. 29, 2017

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