What is a Will?
A will is a written document that says who gets your things after you die. If you don’t have a will, the law decides who gets your property. A will can also:
- Give gifts to charities,
- Create a trust (a way to hold property for someone else),
- Say who pays any taxes you owe, and
- Name a guardian for your children.
Important Terms
- Estate: Everything you own when you die.
- Personal Representative: The person who manages your estate after you die. Also called an executor.
- Heirs: The people who get your property.
- Trust: A way to hold your property for someone else’s benefit.
Making a Will
To execute a will you must be at least 18 years old and mentally able to understand what you are doing. Your will must:
- Be in writing,
- Be signed in front of witnesses and a notary, and
- Follow Florida law.
You can change your will by making a new one or adding an official change called an amendment. You cannot change your will by crossing things out or writing new things after it is signed.
Limits on a Will
Some property cannot be given away in a will, like:
- Homestead property if you have a living spouse or child,
- Property you own only for your lifetime, or
- Property you own with someone else that passes to them when you die.
Wills and property rules can be complex. You should talk to a lawyer to make sure your will is valid.