Get Straightforward Advice From A Stuart Wills Attorney

Even a small misstep in its execution could render your final will useless, but the attorney at Erin Kirkwood Law, PLLC, can help prevent this worst-case scenario.

Attorney Erin Kirkwood serves Florida residents in the Treasure Coast region, offering years of estate planning experience. Even more, she understands the unique challenges that can arise when creating a will and can help you overcome them. Call for a free consultation.

What Is A Will?

A will is a legal document that outlines the distribution of your property and assets upon your death. You can make specific bequests in your will for each beneficiary. It also allows you to appoint guardians for minor children and designate an executor to manage your estate.

Legal Requirements For A Florida Will

For a valid will, you must meet the following requirements:

• Age and capacity: You must be at least 18 years old or an emancipated minor and of sound mind.
• Written document: The will must be in writing, as handwritten wills (holographic wills) without witnesses are not recognized in Florida.
• Witnesses: You must sign the will in the presence of two witnesses, who must also sign the document in your and each other’s presence.

Dying without a will means the state will decide how to distribute your assets and who will care for your young children.

Types Of Florida Wills

Did you know you can create more than one will? Not many people understand the many different will options they have to choose from, including:

• Simple will: Outlines basic asset distribution and appoints an executor
• Pour-over will: Transfers any unaddressed assets into a trust upon death
• Mirror image will: Creates identical wills for couples, facilitating aligned estate plans
• Testamentary trust will: Establishes a trust upon death to manage assets for beneficiaries

Many choose to implement both a basic will and one or more other will documents for gapless asset and beneficiary protection.

Erin can help you determine if a simple will is enough or if a combination of documents is the right choice for your family.

Updating And Amending Existing Wills

Your will should change as your life does. It’s vital to review your plan after:

• Major life events such as a marriage, divorce or birth of a child or grandchild
• Significant changes in your assets or properties such as buying a new home or making a new investment
• Any shifts in personal relationships

An outdated will can cause as many problems as having no will at all. Making an enforceable and valid change may require you to create a codicil, which is a formal amendment for minor updates. However, for major changes, you may need to draft a completely new will to replace the old one.

Erin Kirkwood Law, PLLC, provides comprehensive, long-term support to all its clients. When you need trusted guidance for Will Updates, Erin is always available to help you review your plan and ensure it reflects your current life and wishes.

Will Contests And Disputes

Even a properly written will can be challenged. An interested party, such as an heir or beneficiary, can challenge a will’s validity if they believe that the will’s creator:

• Was under undue influence: They were forced or manipulated by someone into signing
• Lacked mental capacity: They did not understand the document, their assets or who their family members were
• Improperly signed or executed: The will was not signed in front of the required witnesses

When disputes arise, navigating Will Litigation requires a seasoned attorney to represent you in court. Whether you are an executor defending a will or an heir who believes a will is invalid, Erin’s background as a former prosecutor means she is comfortable in the courtroom and prepared to protect your interests in these difficult disputes.

Power Of Attorney And Advance Directives

A will only takes effect after your death. However, what if you become incapacitated by an illness or an accident? Stuart and Martin County, in particular, are home to many older adults, retirees and snowbirds who may be living far from their adult children. A medical emergency not only threatens their health, but it can also create a legal crisis.

Both state and federal laws are strict about medical information, and doctors may not be allowed to speak to family members or loved ones without proper authorization. Certain advance directives, however, can let you choose who speaks for you when you are unable to.

Erin can help you prepare these documents, which can include:

• Durable power of attorney: Allows a person of your choosing to have the legal authority to manage your finances, ranging from paying your bills to handling your property
• Health care surrogate: Appoints the one person who has the legal right to make medical decisions for you if you are incapacitated
• Living will: States your personal wishes regarding end-of-life care such as the use of life-prolonging procedures

The above documents can give your chosen representative the clear, legal authority to speak with doctors and act on your behalf.

Why Choose Erin Kirkwood Law, PLLC, For Your Will And Estate Planning Needs?

Creating a will is a personal decision. You deserve an attorney you can trust to understand your goals. At Erin Kirkwood Law, PLLC, clients in Stuart and Martin County find a unique blend of high-level experience and genuine, personal care.

• 30 years of proven experience: Erin’s extensive legal background and knowledge of Florida estate law means she can help you create an effective plan that protects your assets and honors your wishes.
• A local, responsive lawyer: As a longtime Treasure Coast attorney, Erin provides true one-on-one service. She makes it a priority to be accessible and responsive to all her clients’ questions.
• Compassion and clarity: Erin will explain your options in plain language, not legal jargon, ensuring you feel heard and understood throughout the process.

At Erin Kirkwood Law, PLLC, the first consultation is always free. Whether you are creating your first will or revisiting an older plan, Erin is ready to listen to your goals and walk you through the next steps.

Frequently Asked Questions About Wills

Learning more about the mechanics and value of a will can help you get your estate plan started. Here are the answers to some common questions:

What makes a will valid in Florida, and what happens if you die without one?

In Florida, a valid will requires a signature from the testator and a signature from each of two witnesses who do not benefit from the estate. The testator must also be 18 years of age or older and of sound mind when the will is signed. 

If a person dies without a valid will, then they are said to have died “intestate.” This means that Florida’s intestate succession laws will dictate how the deceased’s assets are ultimately divided, with no regard given to what the deceased may have actually wanted. 

How often should you update your will, and what life events require a change?

It is suggested that a will be updated every three to five years to include new assets and beneficiaries. However, many people update their wills after major life events, like:

• Marriage or divorce
• Childbirth or adoption
• A serious medical diagnosis

It is important to think of a will as a dynamic document that must change with your situation.

Can you contest a will in Florida, and what are the most common reasons for will disputes?

Yes. A will may be contested for a number of reasons by family members and interested parties. However, there must be valid grounds to contest a will, including the following:

• The testator lacked the mental capacity to understand the will.
• A will was changed under undue influence.
• There is evidence that a will is forged.
• An estate is improperly executed.

It is important to reach out for legal representation when contesting a will for the best results.

What is the difference between a will and a living will in Florida?

A will is a legal document that outlines what happens to a person’s assets after they pass away. A living will instructs end-of-life medical care if a person becomes incapacitated. 

Guidance Is A Call Away

Erin Kirkwood Law, PLLC, proudly serves families in Stuart and the Treasure Coast area. To schedule a free 30-minute consultation to discuss your Florida will options, call the firm at 772-732-8863 or fill out this online form.