Last Will and Testament - PTM

PTM Offers Wills

A will is the most basic estate planning tool. It designates who gets your assets, when they get the assets, and how they get those assets. It can create testamentary trusts, nominate your personal representative (Florida’s version of an executor) and even designate someone to watch over your children.

Everyone should have a last will and testament. However, some groups especially should have a will done for them. Those groups are the elderly, those with terminal illnesses, and parents of minor children. The first two groups are more likely to die in the near future and should prepare accordingly. Parents of minor children need a will to designate a backup guardian for their minor children.

PTM Provides Wills in the Following Areas

Wills Attorney in Gainesville, FL

We are happy to meet with any of our clients in our office located in Gainesville, FL. The office is found off of Tower Road. Please make an appointment for your visit.

Wills Attorney all throughout the State of Florida

We are happy to meet with you either by phone or over zoom if you are not in the Gainesville area. Wills do not require in person conversations with a law firm; we represent clients from all across the state of Florida.

Florida Wills FAQ

What is a wills attorney?

A wills attorney is a lawyer whose legal practice focusses on estate planning, including wills. Because an attorney for wills does not practice in a wide variety of areas, the attorney gets a lot of experience drafting an executing wills. Instead of getting a wide range of shallow legal knowledge, a wills attorney gains a deep knowledge of estate planning. Simply put, a wills attorney is a lawyer that uses their deep knowledge of estate planning to draft and execute wills for clients.

Can all attorneys make a will?

Yes, all attorneys can make a last will and testament. However, not all attorneys should. And you should be careful when deciding which attorney to use for your estate planning. You should probably look for an attorney that focusses on estate planning as a main practice area. A will and testament lawyer is typically going to have a deeper knowledge of the practice area and relevant law than a lawyer that only writes wills on occasion. Thus, all attorneys can write a will, but the best results tend to come from estate planning lawyers.

What kinds of wills are there?

The most basic form of a last will and testament is called a simple will. The simple will nominates a personal representative and explains how assets are to be distributed. But it does nothing to help with asset protection or tax planning. However, a simple will is less expensive than more comprehensive estate plans.

More complex wills might involve tax planning, testamentary trusts, or pour over provisions. Whether you need a more complicated will depends on your unique circumstances. It is wise to speak with an estate planning attorney to determine your personal level of need.

What is a simple will?

A simple will is a document that states who will inherit your assets after you pass away. A will is also called a “last will and testament.” A simple will is a basic last will and testament with nothing too complicated included. The document determines who gets what after you die, suggests who your personal representative will be, and records your funeral wishes.

There is nothing wrong with using a simple will. However, you should be aware of its limitations. The simple will is relatively inexpensive, but it can only do so much. If you are looking for asset protection, tax planning, special needs trusts, or probate avoidance, then you will likely need to use other estate planning tools to accomplish your goals.

Do wills go through probate in Florida?

Yes, wills must go through probate to be administered. The will is deposited with the clerk of court and made part of the official court record. The decedent's estate is then administered in accordance with the terms of the will. This legal procedure ensures that the deceased's wishes, as outlined in the will, are carried out in a systematic and lawful manner. We assist our probate clients with each of these steps, and often handle the parts of the process entirely.

During probate, the court validates the authenticity of the will, confirming that it meets the necessary legal requirements and was executed in accordance with the law. Once the court establishes the validity of the will, the appointed personal representative, as designated by the decedent in the will, takes charge of administering the estate. The personal representative’s responsibilities include gathering the decedent's assets, paying off outstanding debts and taxes, and ultimately distributing the remaining assets to the designated beneficiaries as stipulated in the will.

While the probate process is a legal requirement for wills in Florida, the state provides different probate options, including formal administration, summary administration, and, in some cases, a streamlined process for small estates. The chosen probate procedure depends on factors such as the size of the estate and the complexity of its administration.

What is a clause in a will?

A clause in a last will and testament is just a small portion of that will that stipulates something. For example, a clause might state that you revoke all prior wills and codicils. Or a clause might state what your current address is. One common clause is a statement regarding your funeral or burial wishes.

Simply put, a clause is where something happens in the will. So an “identification clause” is the place in the will where you identify yourself. And a “debts clause” is the place in the will where you decide how your remaining debts are paid.

Most legal professionals use the word “clause” interchangeably with the word “provision.” In estate planning, both just refer to a specific portion of a document, such as a will, living trust, or health care surrogate designation. If the lawyer mentions a “clause,” just imagine that the lawyer said “section” and most of the time it will mean the same thing. For example if your lawyer says “guardianship clause,” just think “the section of my will dealing with guardianship.”

What is a revocation clause in a will?

A revocation clause is a sentence in your will that revokes all the wills and codicils you have made in the past. For example, a revocation clause might read: “I hereby revoke any wills or codicils that I have previously written.” If a revocation clause is included in your will, then the execution of that will results in the revocation of any other wills or codicils that you executed in the past. Your new will serves as a replacement of those documents. Often, the revocation clause is in the first paragraph of the will, placed right after you identify yourself.

You almost certainly should include a revocation clause in your last will and testament. Leaving out the clause will lead to a more complicated probate of your estate, making things more difficult on those you leave behind.

If you do not revoke your former wills, those wills are still valid insofar as they do not directly contradict your current will. This means that your personal representative will now need to probate two separate wills. The personal representative will also need to figure out which clauses in the first will are in contradiction with the clauses in the second will. Sometimes this is difficult to determine. For example, imagine that Betty leaves $1,000 to John in her first will and 50 shares of stock to John in her second will. Neither will has been revoked. Should Betty give John $1,000 and the 50 shares? Or was the gift of the shares meant to replace the gift of cash? Because it is not entirely clear, this opens the door to fighting over who is supposed to get that $1,000.

Can a will be part of a trust?

No, a will is not part of a trust, but a will can transfer assets into a trust if the will includes a pour over provision. And a will can create testamentary trusts.

A last will and testament is its own document. It is not part of a trust. A will guides your personal representative in how to manage your estate after you die. The document exists independently of any trust that you might have.

However, a will can move assets into a trust. When a will moves assets from the estate into a trust, we call that a “pour over will.” A pour over will is typically used in conjunction with a revocable living trust. When used together, a pour over will can ensure that any assets left in an estate can still be used according to the terms of a trust.

A will can also create trusts. When a will creates a trust, we call that trust a “testamentary trust.” A testamentary trust does not come into existence until after you die. All provisions of the trust are located within the will itself. So, even though a will cannot be part of a trust, a trust can be part of a will.

What is a disposition of remains clause in a will?

A disposition of remains clause is where you state how you prefer your remains be handled after death and make funeral requests. For example, you might ask to be cremated. Alternatively, you might ask to be buried next to a relative. We once had a client joke that he wanted to be set on fire and thrown into the ocean.

Keep in mind that you should also communicate this information to your loved ones in other ways. Although it is valuable to have this information in the will, you do not want to rely solely on your will to inform others of this. Sometimes wills are not found until after a funeral is completed! So, include the information in your will, but have a conversation with your family and close friends about this as well.

Does a lawyer have to sign a will?

No, a lawyer is not required to sign your will in Florida. However, it is permitted for a lawyer to sign as a witness on your will.

In Florida, the requirements for a validly executed will are that it (1) is signed by the testator at the end of the will (2) in the presence of two witnesses, (3) who themselves sign that same will, (4) in the presence of the testator and (5) in the presence of each other. It is also usually advisable to include a self-proving affidavit in the will, signed by a notary, the testator, and the witnesses. The “testator” is the person making the will (the person referred to as “I” in the will). And the witnesses can be any competent person of at least 18 years of age.

Note that the requirements say nothing about a lawyer. However, an attorney can sign a will as a witness. Indeed, the drafting attorney often does act as a witness to a will. This is often a good idea because the drafting attorney will be the most likely person to remember what was in the last will and testament if ever called upon to testify regarding the contents of the document.

Is a will a legal document?

Yes, a will becomes a legal document after the death of the testator, as long as the will has been properly executed.

A legal document is an instrument that formally expresses, creates, or records an enforceable legal right. A will creates certain rights for the beneficiaries of that will. However, those rights are not created until after the testator dies and the will is probated. Before that point, everything in the will can be revoked and no right has yet been granted. Thus, the will is not a legal document until after the testator’s death.

Another requirement is that the will must be properly executed. In Florida, this means that the will must be (1) signed by the testator at the end of the will (2) in the presence of two witnesses, (3) who themselves sign that same will, (4) in the presence of the testator and (5) in the presence of each other. If all of this is done, then the will has been executed. This is important because a will is probated after the testator dies only if the will was properly executed during the testator’s life.

Therefore, a will that was properly-executed during the life a testator becomes a legal document after the death of that testator.

Contact an Estate Planning Lawyer for a Free Consultation

PTM Trust and Estate Law is happy to assist you create a last will and testament. Please call 352-554-5576 or contact us online to schedule a free consultation.