Articles Tagged with will

Is a Handwritten Will Valid Under Florida Law?

By: Jacqueline R. Bowden Gold, Miami Lakes Estate Planning Attorney

handwritten will
When planning for the future, a crucial step is ensuring that your wishes are respected after your death. This often involves creating a will. However, not all wills are created equal, and understanding the types of wills and required formalities is essential in Florida. One type is a “holographic will,” which is not recognized as valid under Florida law. Let’s explore what a holographic will is, why it’s not valid in Florida, and why a holographic will created in another state may still be problematic if you move to or have assets in Florida.

______ #1.      Trust Funding. After we signed your trust, we reviewed the funding of your trust and I gave you detailed Funding Notes.  Have you followed up on these instructions?   Funding is simply the transfer of your assets into your trust.    It is a good idea to annually review the funding of your trust. It is also advisable to annually sign a new assignment of assets into your trust, that will help sweep into the trust assets acquired to date.

______#2.       Successor Trustee. This is the person you have appointed to step into your legal shoes if you become incapacitated – in other words, one of the most important decisions you can make. Who have you appointed to take charge if you are incapacitated? What is the order of succession of trustees who will take over management of your financial affairs if you are unable to do so?    If you have any question whatsoever about your order of succession, please call the office.

______#3.       Transitions. Has there been a marriage, divorce, or separation of anyone named in your will or trust?    Has there been a birth or adoption of a child or grandchild?  If so, your estate plan may need to be amended.

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