Update Or Amend Your Wills With An Experienced Stuart Attorney

Life moves fast, and the plan you put into writing 10 years ago may not align with your intentions or situation today. Updating and amending a will is one way to ensure that you protect your wishes as life changes. However, it is important to work with a lawyer who understands how to make those changes legally binding under Florida law.

Attorney Erin Kirkwood can provide you with the counsel you need to go through this process. With 30 years of experience, she combines the sharp eye of a former prosecutor with the empathy of a daughter who took on the role of caretaker for her parents. Whether you need a simple update or a completely new will, she will provide guidance tailored to your specific circumstances. Her rigorous review process ensures your voice is heard clearly and your plan stands up in court.

Why And When Should You Update Your Will?

Knowing when to change a will in Florida is just as important as creating one. Consider updating or amending a will if:

• You got married: Marriage creates new rights for your spouse under Florida law. If you marry after signing your will and do not update it, the state may grant your new spouse a share of your estate you did not intend. Remarriage can also bring blended family considerations that require specific planning.
• You experienced a significant health change: A serious diagnosis or a decline in health often shifts your priorities. You may decide to amend a will in Florida to alter specific gifts, set up a trust for care or appoint a different executor.
• You welcomed a new member of the family: The birth or adoption of a child can create an immediate need to review who receives your assets. You may also need to name a guardian for your minor children.
• You experienced major changes in your assets: Receiving an inheritance, selling a business or buying new property can shift how you may want to divide your estate.
• You just moved to Florida: If you move to Florida from another state, your new residency brings unique homestead rules and tax considerations. An experienced attorney can ensure your out-of-state will interact correctly with Florida law.
• You lost a loved one: Sifting through your estate plan may be the last thing on your mind while grieving. However, it may be necessary if they were a named beneficiary or the person you chose as executor. You must update your will to name a new choice.

Ignoring these changes can lead to unintended consequences. For example, you might miss naming a beneficiary for a certain property or a new grandchild could be left out entirely. Regularly updating and amending a will in Florida can avoid these issues, clarify your true testamentary intent, and prevent confusion or conflict among your family members.

The Legal Process Of Amending Wills In Florida

If you need to modify a will in Florida, you generally have two options:

• A codicil to a will: A codicil is a document that can revise certain parts of your existing will without having to rewrite the whole thing. It works best for small, precise changes such as naming a new executor or updating a specific gift. In Florida, a codicil must also follow the same strict legal formalities as a will, including witness signatures.
• A completely new will: If you have multiple changes or are adjusting your will to major life events, drafting a new will may be the more appropriate choice. A new document eliminates the confusion of having to read a will and a codicil together. It also provides a clean foundation for your estate plan and reduces the risk of errors.

Florida law is strict about how you execute these documents. You must sign at the end of your will in the presence of two witnesses, who must also sign in your presence and in the presence of each other. Handwritten notes or cross-outs on an existing will are generally not valid. Relying on informal notes can cause the court to reject your changes entirely. Erin will walk you through the signing process and ensure your updated documents meet every legal requirement.

How Erin Kirkwood Law, PLLC, Makes Will Updates Smooth And Secure

As your will amendment attorney, Erin prioritizes making the process simple and secure. She begins every review with a personal meeting to understand what has changed in your life. She asks about your family, your health and your assets to ensure your new plan reflects your current reality.

Next, Erin will audit your existing documents. Aside from your will, this can include any powers of attorney and trusts. She will identify any conflicts or gaps you might not have noticed. She will then provide practical recommendations on how to update a will, whether that means a simple amendment or a fresh start.

Once you approve of the plan, Erin will draft your documents using precise legal language. She will schedule a signing meeting and gather the required witnesses. Her supervision ensures every formality is satisfied, so your document will hold up in court.

Schedule A Will Review Or Amendment Consultation

The only constant thing in life is change, so make sure your estate plan keeps up. If you are considering updating or amending a will, schedule a free consultation with attorney Erin Kirkwood today. Both in-person and virtual options are available – call Erin Kirkwood Law, PLLC, at 772-732-8863 or fill out their online form.