Creating a will is one of the most important steps you can take to ensure that your assets are distributed according to your wishes after your passing. In Sarasota and Manatee County, Florida, the process of creating a will is straightforward, but it’s essential to understand the legal requirements and steps involved. Here’s a comprehensive guide on how to create a will in Sarasota and Manatee County.
1. Understand the Purpose of a Will
A will is a legal document that outlines your wishes regarding the distribution of your assets, the care of your minor children, and other important matters after your death. Having a will in place ensures that your estate is handled according to your preferences, which can provide peace of mind for you and your loved ones.
2. Determine What to Include in Your Will
Before you begin drafting your will, make a list of your assets, including:
- Real estate (homes, land)
- Bank accounts and investments
- Personal property (vehicles, jewelry, art)
- Life insurance policies
- Digital assets (online accounts, cryptocurrencies)
Also, consider who you want to inherit these assets and any specific bequests you wish to make.
3. Choose an Executor
Your will should designate an executor, the person responsible for carrying out your wishes as outlined in the document. This individual will manage your estate, pay any debts or taxes, and distribute your assets. Choose someone you trust, and ensure they are willing to take on this responsibility.
4. Draft Your Will
You can create your will using various methods, including:
- DIY Will Kits: Many online services offer templates and software to help you create a will. However, ensure that the kit complies with Florida laws.
- Hire an Attorney: Working with an estate planning attorney can provide personalized guidance and ensure your will is legally sound. An attorney can also help you navigate any complex issues, such as blended families or significant assets.
5. Ensure Compliance with Florida Law
To be valid in Florida, your will must meet specific legal requirements:
- Age: You must be at least 18 years old.
- Mental Capacity: You must be of sound mind when creating the will.
- Written Document: The will must be in writing; oral wills are not recognized in Florida.
- Signatures: You must sign the will in the presence of two witnesses who are not beneficiaries of the will. The witnesses must also sign the document in your presence.
6. Consider a Living Will
In addition to a standard will, you may want to consider creating a living will, which outlines your preferences for medical treatment in the event that you are unable to communicate your wishes. This document can complement your estate plan and provide additional peace of mind for you and your family.
7. Store Your Will Safely
Once your will is complete, store it in a safe location where it can be easily accessed by your executor and loved ones. Common storage options include a safe deposit box, a fireproof safe at home, or with your attorney. Inform your executor and family members where the will is located.
8. Review and Update Your Will Regularly
Life changes, such as marriage, divorce, the birth of a child, or significant changes in your financial situation, may necessitate updates to your will. Regularly review your will to ensure it reflects your current wishes and circumstances.
9. Consult with a Local Attorney
Creating a will can be a complex process, especially if you have a large estate or specific wishes. Consulting with an attorney in Sarasota or Manatee County can help ensure your will is legally sound and tailored to your unique situation. An attorney can also provide valuable insights into other estate planning tools, such as trusts.
Contact Bart Scovill, PLC
Creating a will in Sarasota and Manatee County is an essential step in ensuring that your wishes are honored and your loved ones are cared for after your passing. By understanding the process and legal requirements, you can create a comprehensive and enforceable will that provides peace of mind. If you have questions or need assistance drafting your will, contact Bart Scovill, PLC, today to schedule a consultation and take the first step toward securing your legacy.
