St. Augustine Will Attorneys

Helping Clients Create & Enforce Wills in St. Augustine & Surrounding Areas

At Owenby Law, P.A., we know that estate planning can be a difficult process. However, it is an important step that must be taken to protect your family and loved ones. If you need help creating a will, our experienced legal team is prepared to guide you through the process. We can also help you enforce the terms of a will or defend against a will contest.

Call us at (904) 770-3141 or contact us online to schedule a consultation with our St. Augustine will lawyers.

What is a Will?

A will is a legal document that specifies how a person's assets should be distributed after their death. It may also be used to name a guardian for minor children, make charitable donations, and more.

In Florida, a will must be in writing and signed by the person creating the will (the testator) in the presence of two witnesses. The witnesses must also sign the will in the presence of the testator and each other.

What Happens if You Die Without a Will in St. Augustine?

If you die without a will, you will be considered “intestate.” When a person dies intestate, their assets will be distributed according to Florida's intestacy laws.

Some of the key points of Florida's intestacy laws include:

• If you are married with no descendants, your surviving spouse will receive your entire estate.
• If you are married with descendants, your surviving spouse will receive the first $20,000 of your estate, plus 50% of the remaining estate. Your descendants will receive the remaining 50% of the estate.
• If you are single with no descendants, your estate will pass to your parents.
• If you are single with no descendants or living parents, your estate will pass to your siblings.
• If you are single with no descendants, living parents, or siblings, your estate will pass to your nieces and nephews.

These are just a few examples of how assets are distributed when a person dies intestate. If you would like to have more control over how your assets are divided, it is important to create a will.

How to Create a Will in St. Augustine

Creating a will is a relatively straightforward process. However, to ensure that your will is legally binding and will be enforced after your death, it is a good idea to work with an attorney.

Here are the basic steps of creating a will in St. Augustine:

1. Make a list of your assets and debts. This will help you determine the approximate value of your estate.
2. Choose a personal representative for your estate. This person will be responsible for managing your estate and ensuring that your wishes are carried out.
3. Decide how you want your assets to be distributed. You may choose to divide your assets equally among your beneficiaries or leave specific assets to specific people.
4. Name a guardian for your minor children (if applicable). This person will be responsible for raising your children if you pass away before they turn 18.
5. Choose a will executor. This person will be responsible for managing the process of distributing your assets as outlined in your will.
6. Meet with an attorney. An experienced attorney can help you draft a legally binding will and ensure that it meets all of Florida's legal requirements.
7. Sign your will in the presence of witnesses. In Florida, a will must be signed by the testator and two witnesses. The witnesses must also sign the will in the presence of the testator.

After your will is signed, it is important to store it in a safe place where it can be easily accessed by your loved ones after your death.

How to Make a Will Legal in St. Augustine

In St. Augustine and throughout the state of Florida, several legal requirements must be met for a will to be considered valid. If a will does not meet these requirements, it may be considered invalid and will not be enforced.

Some of the key requirements for a valid will in Florida include:

• The testator must be at least 18 years of age. If a person is under the age of 18, they may not create a legally binding will.
• The will must be in writing. A will may be typewritten or handwritten.
• The will must be signed by the testator. The testator must sign the will in the presence of two witnesses.
• The witnesses must sign the will. The witnesses must sign the will in the presence of the testator and each other.

These are just a few examples of the legal requirements that must be met for a will to be considered valid. If you are not sure whether your will is legally binding, it is a good idea to seek the help of an attorney. An attorney can review your will and ensure that it is valid.

Contact Our St. Augustine Wills Attorneys Today

At Owenby Law, P.A., we understand the importance of careful estate planning. Our St. Augustine wills lawyers can help you create a legally binding will and ensure that your wishes are carried out after your death. We can also help you enforce the terms of a will or defend against a will contest.

To schedule an initial consultation with our experienced legal team, call (904) 770-3141 or contact us online today.