Will | Even despite the advances in medical technology, the mortality rate of humans remains a fixed 100 percent. With that in mind, why do millions of Americans go to their grave without a legal will? Everyone needs a will. A legal will from an estate planning attorney will distribute the assets to whomever the testator declared in the will. The executor doles out the testator’s possession.
Let’s say an individual died in a car accident one week from now. He lost his life because of a drunk driver. Even without assets, the estate could file a wrongful death lawsuit that settles for large sums of money. (not exactly true).(Also not exactly true. Some Estates require bonds regardless of the assets. Some Judge’s always require a bond and some almost never do.)
As a legal precaution, wills must be signed under the eye witness of two bystanders and a Notary Public for it to hold legal merit. Handwritten wills have been given the title of, “Holograph.” This is only valid in half the states, and in fact, a “holographic” will only holds weight in the state of Florida if it has been executed properly. Section 732.502 of the Florida statutes provides how a will must be signed in the presence of two witnesses at the same time. If two people sign separately but they don’t see each other, the will, will be classified as invalid. However, let’s say someone named Michael has a will signed in California, a place where holographic wills hold weight. Michael then moves to Florida and dies there. In this case, the court respects the will. (Sort of. It would still have to have the required Self-Proving Affidavit, or Oath of Witness.)
Having an attorney that does wills can save a lot of trouble for your loved ones later. Losing a loved one is hard enough without making it harder on those left behind with the lack of a will.
So, it’s time for people to worry less and act more. Individuals needing help or assistance in elder law or estate planning services can easily contact Mortellaro Law—the best estate planning attorneys in Tampa, FL.
To schedule a meeting with an attorney, please call 813-501-6945.