What the elderly should know about wills

On Behalf of | Aug 12, 2021 | Estate Planning |

As an individual grows older, their thoughts may turn to the disposal of their possessions according to their wishes. The only way to accomplish this is for the person to write out a will, have it witnessed, then sign it.

One Florida requirement is that the person may not have either a holographic will or an oral will. A “holographic” will is completely written in the person’s handwriting, but not signed by any witnesses.

Wills spell out a person’s wishes regarding their property

A person’s will lets the state know which of their friends or relatives gets particular possessions or money. As long as the will has been written up in compliance to Florida law, the person’s wishes will be carried out.

If the person has one person in mind to receive everything they own, they should reassure themselves that they have a signed and witnessed will. The law in Florida says that anyone who writes a will should be of legal age. This law also says that the person writing out their will should sign it in front of two or more witnesses. These witnesses should also sign the will in front of the person and additional witnesses.

An experienced lawyer guides the elderly in ensuring their wills follow Florida law

An older person who wants to write their will may want to consult with a lawyer who is familiar with Florida law to ensure that their wishes are met when it comes to the distribution of their money and possessions. The document the individual wants to write is called the “last will and testament.”

Is a will really necessary?

If the person wants to be assured that their belongings will be distributed to others, simply saying this to someone may not be legally sufficient. After the person has died, Florida may distribute their belongings as several laws say they should be distributed. This means the person died “intestate” or without a will.