J. Kelly Kennedy, Attorney/CPA, PLLC

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Posts tagged "Will Execution"

Living will basics for estate planners

A living will or advance healthcare directive can be important to have for a number of reasons. An advance healthcare directive is an essential component of an overall effective estate plan. An advance healthcare directive, or living will, allows the estate planner to ensure their wishes for their medical treatment and care will be honored even if they become incapacitated.

How do you challenge the validity of a will?

Sometimes, not everyone is happy with the terms of a family member's will. People feel they were accidentally left out of a will or that another person prevailed on the testator not to include someone. Emotions can run very high. Can a disappointed party challenge a will in court? There is a process to do this; it is called a will contest. This blog post will describe how will contests work and who can file them.

A will can help avoid unnecessary estate planning complexities

A will is an important component of anyone's estate plan. Because so much can hinge on the provisions of a will, there are a number of safeguards in place to ensure that a will reflects the actual wishes of the testator. These safeguards add complexity to the will creation process, however. There have been some proposals to update this process for the 21st century.

Are electronic wills and notaries coming to Florida?

A will is an important component - typically the centerpiece - of a solid estate plan. And to be valid in Florida, all wills must be properly executed (signed) by the testator. When it comes to preparing a will in the Sunshine State, one of the main requirements is that the signature of the testator must be witnessed by at least two other people. This helps to prevent fraud and reduce the chances of the will's validity being challenged.

Our experience and common sense can help with creating a will

When a Florida resident decides to take control of their estate plan, the first order of business very often is drafting a will. A well-written will can be an excellent estate planning tool by itself, and it can provide a firm foundation for trusts and other estate planning tools that a testator may choose to use. A will is a very powerful document, however, and because of this the writer of a will must observe some formalities under Florida law in order for the will to be deemed valid.

Does Florida recognize holographic wills?

A holographic will is one in which the creator of the will composed the document in their own handwriting. Holographic wills may have once served the purpose of allowing individuals to put their testamentary intentions down on paper even if they could not fulfill the formal requirements of executing formal wills. However, in Florida holographic wills are not recognized and all wills, even those written out by their creators, must meet the formal requirements of the state's laws.

What elements must be present in order to create a will?

Folks in Winter Haven know that a will is the primary tool used to dispose of a testator's estate after their death. But how does one create a will? Are there any formalities that have to be done to ensure that a will is recognized as valid? This blog post will describe some elements that must be present in order for a will to be recognized as valid.

The pros and cons of a joint will

Depending on their needs and assets, couples in Lakeland have a number of estate planning options open to them. Wills, trusts and health care directives are all possible options, and an estate planning attorney can work with a couple to set up a robust estate plan. This blog post will discuss one possible option: a joint will.

What is a nuncupative will and is it valid in Florida?

Many people in Polk County are probably familiar with the usual process of creating a will. The testator, often with the help of an attorney, draws up a will and signs it in the presence of witnesses who also sign it. One question people may have is whether other forms of a last will and testament are valid in Florida. Specifically, is an oral will valid in the Sunshine State? The short answer is no.

No virtual wills in Florida for now

Important technical requirements must be followed for a will to be valid. While technology is progressing forward, and the legal professional is working hard to respond and keep up with the changes, the requirements for a will to be valid may be one area not quite ready for technological advancement. The legal profession has kept pace with technological changes affecting it, such as through online estate planning services and electronic signature and filing options for legal documents. However, at least, for now, technological advancement do not seem to be coming to will execution.