Last Will & Testament

A last will and testament is a legal document that specifies how your assets will be distributed after your death. It ensures that your wishes are carried out and can help prevent disputes among your surviving family members. This guide will cover what you need to know about creating a will.

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.