A Will is a Must
Photo Credit: Last Will and Testament by Nick Youngson CC BY-SA 3.0 Pix4free.org
By Myrna Passalacqua, ESQ.
It is not complicated to do, but it is very important that we all make a will. Writing a will is not one of the most pleasant tasks, since nobody likes to think about death. That could explain why so many adults avoid taking this important step. According to an AARP survey, two out of five Americans aged 45 and older do not have a will.
However, making a will is one of the most important things you can do for your loved ones. The existence of a valid will can help your relatives avoid unnecessary arguments, and you will have the peace of mind knowing that your possessions will end up in the right hands, without major controversy.
Disposition of assets
A will is a document that establishes the disposition of the assets that we possess, after our death. In addition, for those who have minor children, the will is the vehicle to designate the person who will take care of said minors in the event of our death.
The laws in each state are different. In Florida: The person who writes the will (called the testator), must be at least 18 years of age. They must have full use of their mental faculties at the time of signing the will. The will must be in writing and must include witnesses. It should be signed before a notary and be done in accordance with probate law. It is necessary to comply exactly with the formalities required for the execution of a will. For it to take effect, the competent probate court must receive evidence and approve the will.
How to modify
The testator can modify his will at any time by drafting a new will that meets the legal requirements. The last will that is duly executed will be the one that has legal validity.
The will cannot be modified by writing something or crossing something out after it is executed. In fact, if something is written into the will after it is made, this could invalidate the will in whole or in part.
Generally, some kinds of assets, such as certain insurance policies and retirement accounts, are not covered by wills. In all likelihood, when you purchased the insurance or opened the accounts, you had to designate beneficiaries.
If you can't remember them, check who they are and be sure to keep that information up to date, as it will dictate how those assets will be divided when you die.
Anyone can act as a witness to your will, but you should choose someone who is not a beneficiary. Otherwise, there would be a potential conflict of interest.
Disinterested witness
The technical term is "disinterested witness." Some states ask for two or more witnesses. If a lawyer writes and is also the notary of your will, that professional cannot be your witness.
The will may include an affidavit of authenticity rendered at the time of execution or later, saving the time and expense of locating a witness and obtaining their oath after death.
For your will to include the affidavit of authenticity, you must acknowledge the will before an official authorized to take oaths; witnesses must make affidavits before the clerk and the clerk must prove acknowledgment and affidavits by a certificate attached to or following the will.
Florida law establishes an appropriate form for making the certificate. The declaration of authenticity procedure is additional to the normal making of the will and the normal oath of witnesses, and therefore does not replace them.
In short, it is not a complicated process, but it is very important that we all grant a will and thus avoid unnecessary headaches for our loved ones.
DISCLAIMER: This article is provided for informational purposes only and should not be construed as legal advice. If you require legal advice or assistance regarding your will or any other legal matter, please contact our firm, or visit our website: passalacqualawfirm.com. Our experienced attorneys are here to provide you with personalized legal guidance and support tailored to your specific needs and circumstances.