Jacksonville Wills & Trusts Attorney
Ronald Cutler, P.A. is the estate planning firm to call if you live in Jacksonville or surrounding areas. Our firm provides all the benefits of larger firms with the individualized attention only a small firm can offer. As part of any estate plan, our clients should consider whether to create a will or trust, or both. These are critical estate planning documents which serve various purposes, and no one should try to draft their own. Employing DIY strategies might work around the home—but not when it comes to estate planning. Contact us to speak with a Jacksonville wills & trust attorney today.
Creating a Valid Will or Trust
We strongly recommend that people avoid looking online for will templates to use. These might be tempting because they are essentially free, but there are large risks. Instead, call us so we can create an individualized will.
Under Florida law, a valid will must:
- Be in writing. You can’t create an oral will.
- Made by someone at least 18 years of age who has competency. Someone who is too old might be unable to create a will because of advanced Alzheimer’s or dementia.
- Signed by the testator (who is the person creating a will). If they cannot sign, then someone must sign at their direction.
- Signed by two witnesses who watched the testator sign or two whom the testator acknowledged the will. The witnesses must sign in the presence of the testator and each other.
If a will does not meet these requirements, then a probate judge won’t admit the will into probate. That means that your estate will probably pass according to Florida’s intestacy laws. You lose the power to control who inherits from you.
This is not a hypothetical problem. Many homemade wills fail to satisfy Florida law, and the probate judge has no choice but to reject the will. Call Ronald Cutler, P.A. We can create a solid will that stands up in court even if challenged.
We can also discuss creating a trust. You can use a trust to leave assets to people, but it also serves other purposes. You might gain tax advantages by using a trust, or you can leave assets to charity. Some people leave assets in a special needs trust to a disabled child.
Trusts are private and not probated after death. We might create a “pour over” will, which transfers all assets to a trust upon your death. Please avoid using an online fill-in-the-blank trust. Instead, we can discuss the different options and draft a trust that works for you.
Speak to a Seasoned Jacksonville Wills and Trusts Attorney
We have created estate plans for countless people in Florida. Each state has unique laws, and you should have an estate plan tailored to laws in the Sunshine State. It’s never too soon to begin thinking about a will or trust, and we are happy to go over key considerations in a private consultation. Please call Ronald Cutler, P.A. to speak with a Jacksonville wills and trusts attorney today.
