Wills Serving Families Throughout Destin

Fort Walton Beach Wills Attorney

Asset Planning Solutions in Okaloosa County

At Dowd Law Firm, our experienced Fort Walton Beach and Destin wills attorney is always ready to assist clients who need to put their affairs in order. Creating a will provides you with legal control over the distribution of your estate after your death. It enables you to specify your beneficiaries, divide your property and assets, and even appoint guardians for your children or dependents. Given the significant importance of this legal document, the assistance of a wills attorney cannot be overstated. When working with John Dowd and the team at the Dowd Law Firm, you will have the benefit of 25+ years of legal experience. We provide sound and reliable asset planning solutions for clients throughout Okaloosa County.

If you're considering drafting a last will and testament, don't hesitate to reach out to our skilled wills attorney in Fort Walton Beach and Destin at (850) 972-2233 or by messaging us online.

Florida Laws Governing Wills and Last Testaments

A will, also referred to as a Last Will and Testament, is a legally binding document that outlines how you want your assets and wealth distributed after your death. If you pass away without a will, a condition known as "intestate," your property will be distributed according to state law, not your personal preferences.

To be considered legally binding, a will must meet certain criteria:

Document Composition: The will must be a written document. This can be typed or handwritten if it is legible and clearly expresses the testator's intentions.
Signature of the Testator: The will must bear the signature of the person making the will, also known as the testator. In some cases, a proxy may sign on behalf of the testator, but this should be clearly indicated and done under the testator's explicit direction.
Signature Placement: The testator's signature should be affixed at the end of the document. This is to ensure that all provisions and clauses stated before the signature are considered part of the will.
Witnesses: The presence of two witnesses is crucial during the signing of the will. They confirm that the testator was of sound mind and willingly signed the will.

Florida has specific laws that dictate the creation and execution of a valid will. Failure to adhere to these guidelines could result in your will being partially or entirely invalidated.

Unrecognized Wills in Florida

Despite the multitude of will formats, it's important to note that Florida law does not deem all types legally valid. For instance, unsigned wills are generally not accepted. There are rare exceptions to this rule, typically involving unusual circumstances where the testator is physically unable to sign the will. In addition, holographic wills, which are handwritten by the testator but lack witness signatures, are not considered valid in Florida despite their personal touch. The absence of witnesses compromises their legal standing. Advancements in technology have led some people to record their wills on video. However, Florida law doesn't consider these videotaped wills legally binding. The state emphasizes the importance of a written document over a recorded message. Oral wills dictated verbally are also not recognized in Florida. The law underscores the necessity of a written and signed document, as it helps avoid potential disputes and misunderstandings that could arise from spoken words.

Types of Legally Valid Wills

In the state of Florida, having a will is crucial to ensuring your assets and property are distributed according to your wishes after your death. There are several types of wills that the state law recognizes as legally valid, each with its own unique specifications and requirements.

There are a variety of wills that are recognized as legally valid in Florida:

Attested Wills: The most common type of will in Florida is an attested will that requires the signature of the testator (the person making the will) and the presence of two witnesses. This ensures that the document is authentic and legally binding.
Military Wills: Specifically designed for service members, these wills ensure their last wishes are fulfilled upon their death. Given the unique circumstances surrounding military service, drafting a military will require legal guidance to ensure it aligns with Federal law.
Out-of-State Wills: Sometimes, a will made outside of Florida may still be considered valid within the state. This is true even if it doesn't fulfill all of Florida's specific requirements. However, it is crucial that this type of will has the signatures of at least two witnesses to maintain its validity.

Understanding the different types of wills and their requirements is essential when planning your estate in Florida. Always seek professional legal advice to ensure your will is drafted correctly and meets all the necessary legal requirements. This way, you can know that your assets will be distributed according to your wishes after your departure.

Schedule a Consultation Today

Contact our Fort Walton Beach and Destin wills lawyer if you are interested in discussing your legal options or are ready to draft your last will and testament. Our Fort Walton Beach and Destin wills attorney is educated in Florida estate laws and has the experience and knowledge to guide you. Our firm is also available to review or revise an existing will. At Dowd Law Firm, your peace of mind is our priority.

Contact Dowd Law Firm today at (850) 972-2233 to schedule a consultation.

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