A will is the foundation of most estate plans, serving as the legal document that spells out how you want your property and assets distributed upon death. At Smith Cors Law, we specialize in drafting wills that comply with Florida law and address the unique goals of our clients. Below, we’ll explore why having a valid will is so important, what the requirements are in Florida, and how you can get started.
A will—sometimes called a last will and testament—is a legally binding statement detailing:
• How and to whom should your assets (real estate, personal belongings, bank accounts) be distributed?
• Who will serve as your personal representative (executor) to manage and settle your estate?
• Guardianship preferences for minor children, if applicable.
✅ Control Over Asset Distribution:
Without a will, the Florida intestacy laws determine how your assets are distributed, which may not align with your personal wishes.
✅Guardianship Designations:
Parents can name a guardian for minor children. If you don’t designate one, the court will decide, potentially leading to family conflicts.
✅ Simplicity for Loved Ones
Having a will can streamline the probate process, making it easier for your family to manage estate affairs and reduce disputes.
A self-proving will includes an affidavit signed by you and the witnesses before a notary. This saves time during probate, as the court typically won’t require the witnesses to testify about the will’s authenticity.
• Codicils:Minor changes can be made through a separate document known as a codicil, which must be executed with the same formalities as a will.
• Revocation: If the property is your primary residence, a spouse typically must join in signing the mortgage—even if they’re not on the note.
As Florida attorneys, we understand the nuances of state law, including homestead property protections and elective share statutes that may impact how assets are distributed. Our services include:
• Drafting new wills tailored to your circumstances.
• Review existing wills for compliance and accuracy.
• Advising on advanced estate planning strategies to minimize probate complications
A will should never be a “set it and forget it” document. As your life evolves, so should your estate plan. We encourage clients to revisit their will every three to five years or upon any major life event. Regular reviews ensure your will accurately reflects your relationships, assets, and overall intentions.
Our legal team is ready to answer your questions and guide you forward.
"Mr. Cors is always a pleasure to work with and goes above and beyond to do a free phone consultation. I have wised him and am very happy with my estate plans also. Nicest lawyer I ever met!!"
"Jason Smith is a competent, honest and ethical attorney. He is a straight-shooter who will treat your legal matter with due care and attention it deserves. He is a credit to his profession. Highly recommended!"
"Jason and Gary were exceptional to work with. They created our wills, power of attorney and family trust. Highly recommend for a fast and seamless process. Thank you!"
"Jason really came through in the hardest time of my life. He showed dedication and care working my case. Very thankful a friend recommended him, and I will be recommending Him to anyone who needs real legal assistance."
"Had Gary do my estate planning/will. Professional, thorough, excellent communication. Highly recommend their service. "
"So thankful to have found this attorney. The entire office is wonderful. Professional, down to earth, friendly people who treat you with care and respect! "
Creating a will in Florida can be a straightforward process when you partner with knowledgeable attorneys. At Smith Cors Law, we strive to provide clear guidance and compassionate support so you can confidently take this essential step. Contact us to learn more about drafting or updating your will and secure your legacy for the next generation.
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