Frequently Asked Questions

The first step to getting any estate planning document(s) such as a Will, Power of Attorney, Living Will, and/or Health Care Surrogate is to call our office and schedule a free hour-long consultation with our experienced Attorney, Karen Estry. During this consultation, Ms. Estry will make note of your situation and what you hope to gain from this experience as well as provide a packet for you to fill out the specifics of your desires. Once we know exactly how to prepare your document(s), we will send them to you for review. If all is in order, the final step is to execute said documents at a final appointment. You will have a chance to read and review your documents again before signing, which takes place before two witnesses and a notary, provided by our office. At the end of the appointment, you will leave with the original document(s) and a copy.

Your Will can be changed at any time and for any reason, as long as you are legally competent to make the changes, unless otherwise specified in the document itself. You should review your Will periodically in order to assure yourself that it still accomplishes your objectives. Over time, people may come and go from your life, your assets could grow or diminish, and you may want different things than you did when you first executed your Will years ago. You may wish to designate a new Personal Representative or new Beneficiaries if the previous one predeceases you or your relationship changes. You may have gained or lost money and assets that lead you to desire a different distribution system among your Beneficiaries. You may have changed your mind about what you wish to be done with your remains. Regardless of the reason, you cannot change your Will at home by simply crossing out paragraphs or writing over it. If you do that, it could completely invalidate your Will. If a change becomes desirable or necessary, contact this office for another appointment to be sure it gets done properly.

Any number of things could happen that would require you to change or rewrite your Will. Several of the more common ones include:

• An unexpected death or disablement of someone crucial to proper execution, such as your Personal Representative or Beneficiaries;
• A new addition to your family, such as the birth of a related child, or an adoption of a new child;
• A change in your marital status, either from ‘single’ to ‘married’ or vice versa, and the desired inclusion of the children of a new spouse to receive assets;
• A considerable change in your economic picture;
• A need to change your Personal Representative, Beneficiaries or Guardians;
• A change in state or federal law which may affect taxes or the distribution of your property.

Regardless of the reason you need or wish to change your Will, we are here to make the process as easy, efficient, and effective as possible.

In the United States, 26 states allow for wills to be handwritten. Florida is one of the 24 that does not, so your official Will itself must be typed. However, Florida law allows you to refer to a list made separately from your Will which states who will receive certain items of personal property. Your Will may include a reference to such a list. The list can dispose of only personal household goods such as items of furniture, jewelry, sporting goods, tools and so forth. You cannot dispose of cash, bank accounts, stock, insurance policies, real estate, or other non-personal property in your list. It must be in your own handwriting (not typed on a computer) and should also be signed and dated. It is not required for such a list to be witnessed, as it is for a Will itself. This list is best kept with your Will, if it is possible, and if not must be found within 30 days of the date your Will is found or else it cannot be used regardless of your wishes.

Your Will is an important document and should be stored safely. Although our office will keep a copy of your Will, you have the only original. If the original Will is destroyed, lost or unable to be found despite reasonable searches, a copy must go through the process of being “reestablished” as the original, which can complicate the period following your death and thus make a difficult time even more difficult. As such, keeping the original Will discoverable while also keeping it safe is of the upmost importance.
The choice of where to keep your Will is yours. You can keep the Will in a safe place at home such as a private safe, filling cabinet, or desk, but you could be burglarized, a fire could destroy it, or it may be difficult to locate. Alternatively, you can choose to place it in a safety deposit box. If you choose to do so, this has the great benefit of being as safe as possible, but your heirs will need to obtain a court order to gain access to your safety deposit box after your death if they are not listed as joint owners of the box.

You may revoke your Will at any time by destroying it or by preparing a new Will. If you destroy your Will without preparing a new Will, your assets will pass at your death according to the laws of “intestate succession.” If you decide you no longer want the provisions of your current Will, you should contact our office to make an appointment to prepare a new Will with your new desired provisions.

People are often confused as to whether they need to probate an estate or not, and most people do not want their own estate to have to go through probate, as it could be a lengthy and difficult process for their family and friends at an already difficult time. The best way to guarantee that your estate does not have to go through probate is to die owning nothing and owing no one. This is impractical at best, if not entirely impossible, as no one truly knows exactly when they will pass on. Frankly, most of us would prefer to leave a legacy behind for our loved ones to pass on family heirlooms, meaningful items, property, money, or other assets. This is one reason many people choose to have a Will. Having a Will that is prepared for you and clarifies your wishes can simplify the probate, if there is one, and will facilitate carrying on your legacy.