LAW OFFICES OF DR. BELINDA GAIL QUARTERMAN NOAH, ATTORNEY - HOW TO MAKE A FLORIDA WILL
LAW OFFICES OF DR. BELINDA GAIL QUARTERMAN NOAH, ATTORNEY -

HOW TO MAKE A FLORIDA WILL


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Any one who is of sound mind and is over 18 years of age can make a valid will in Florida. Below are the steps that must be taken to properly prepare your will.

 1. Identify your beneficiaries.

2. Describe the personal property that you are giving to the beneficiaries.

3. Always provide for an alternate beneficiary in case the person you name dies before you and you do not have a chance to make out a new will.

4. Include a remainder clause that says "all the rest of my property I leave to . . ."

5. You may put a clause in your will stating that anyone receiving property under the will must survive for thirty days after the death of the person who made the will. This is so that if the two people die at the same time there will not be two probates and the property will not go to the other party's heirs.  

6. If you have minor children, you should name a guardian for them. When naming a guardian, it is always best to name an alternative guardian in case your first choice is unable to serve for any reason.

7. When a person dies leaving a minor child and the child's property is held by a guardian, the guardianship ends when the child reaches the age of eighteen. Most parents do not feel their children are competent at the age of eighteen to handle large sums of money and prefer that it be held until the child is 21, 25, 30, or even older. A children's trust provision can be put in the will that the funds be held until the child reaches a higher age than 18. The trustee can be the same person as the guardian or a different person. It is advisable to name an alternate trustee if your first choice is unable to handle the funds.

8. You must appoint a personal representative who will be in charge of your probate. The person handling your estate is entitled to compensation. (F.S. Sec. 733.617.) A family member will often waive the fee. You can insist in your will that your personal representative is paid a fee.
 
9. A will must be witnessed by two persons to be valid