Legal Question About Wills
 

If you have a will and want to make minor changes such as distribution of an asset or change in executors, do you need an attorney? Or, could the changes just be written in and then notorized? Thanks for any info.

you can amend yourself and it should be notorized, but for a couple hundred bucks.....should do it right...........being of sound mind & body.

If the original will was prepared by an attorney, you probably don't have a computer file that can be electronically modified. So, you would need to change the document by hand writing the changes. Also, you would need a notary and witnesses. And, you would need an affidavit to make the will self-executing, which means that, when you die, the will can be executed without the witnesses being present. And, finally, I would destroy all other copies of the original will. Of course, no one will know if you did it correctly until after you die.

If you don't want to pay a lawyer, why not just prepare a new will on Legal Zoom, which is cheap and easy to do?

have an attorney do it...you won't be around to enjoy watching people fight over whether the change was legal or not

Sorry for related question, but was told I need a new Florida will as my executor must be a blood relative or a Florida resident. Thanks.

That's correct. But if you want to get around that requirement you can put your assets into a trust and appoint whoever you want to be trustee after you pass.

Just do a codicil, no need to redo the whole will.

If you are changing something that is worth a bunch of dollars why take a chance?

Looks simple,

Codicil Form | Free Codicil to Will Template (US) | LawDepot

How to Write a Codicil to a Will | legalzoom.com

Great info. Thanks all.

Agree. For the few dollars spent, at least your wishes will be carried out. Just take the legal fees out of the money being left for others. Also, I have no idea why people scrimp and save when they are well into their 80s. Spend the money, enjoy. Why save for someone elses happiness. You worked for it, you deserve it

I would heed the words of our 16th President: “He who represents himself has a fool for a client." We have made changes to both our will and trusts. It typically only takes a few minutes. Our attorney Ed Soulsby doesn't charge a huge fee for changes. I want to say it was like $125 or so, well worth not screwing something up. Although he is the one that created our trusts which cost more of course, so maybe it's like a tune up? I don't know, but I wouldn't do it myself. Shop around if you don't already have an attorney. Ron

From Amy Pittman's newsletter


What my neighbor said

Most neighbors have good intentions when they give you advice. However we always recommend you speak to a professional before acting on that advice. Here are a few examples of what we hear from clients:

My neighbor said that I must have a new Last Will and Testament since I moved to Florida. This is true in some situations but you really need to have an Attorney review your current Will to determine if it complies to Florida law as well as your current situation.

My neighbor said that Florida probate is extremely expensive. If you plan properly your heirs should not have an expensive probate. However, we encourage clients to speak to an Attorney to determine the best way to eliminate the need of probate or at least reduce the amount of assets that would go into probate.

My neighbor said that my health care surrogate and agent under my Durable Power of Attorney must be a Florida resident. This is not true. You can name whomever you want in the role as Health Care Surrogate as well as the agent under your Durable Power of Attorney. Your named Personal Representative (aka Executor) must be a Florida resident OR a relative. So if you name someone related to you then that person does not need to live in Florida.

Of course, if your neighbor says you must see Amy Pittman, then I agree with that advice. :)

Not true. An executor should be asked if he/she is willimg. It's a lot of work with a fiduciary responsibility. I have gotten out of state people qualified by the Clerk of the Court (by appt.), but they had to post a bond, which is a percentage of the estate's value.

Will & executors must be blood relative
 

That is true, I am originally from Ireland with no siblings in this country. My lawyer said I cannot pick a friend as an executor in the State of Florida I must pick a blood relative. Unfortunately my sisters will have to rush here to settle my estate. What do u do that is life

Add a codicil. You can get language on computer. I Xxx being of sound mind and body do hereby ament my last will and testatment dated to read....Then have it notarized with two witnesses. You don't destroy the old will

There are lots of opinions, you should get advice from a Trust Lawyer. In Florida a will is not always the best.
A Trust is the best with less headaches for all if you are concerned about your wishes. Check with a lawyer. We did a trust no inheritance taxes involved.

Correct ~

Few things: a) if the will was originally done in another state, you should definitely get a Florida attorney to re-do the will. I found that Florida law is significantly different regarding legality of wills than Indiana for example. b) If any of your investments (bank, stocks funds, etc.) have a clause in it who the funds will be distributed to upon your death - those instructions override a will - so make sure. c) as shared in other responses - a TRUST is generally the best route. A good lawyer will likely do a trust along with several other documents related to health decisions, etc. for a bundled price of under $1,700. If you want to know who I used (who was fantastic) send me a note.

I would say get a lawyer to do it right. While you are at it, make sure you have a Durable Power of Attorney in place and have signed papers on what you want done if you are no longer able to make decisions or if you are in a coma or completely paralyzed, etc. Lawyers can do these right and fast. They also have check lists where you can check what you want done or don’t want done with your body. (I’m leaving all body doctors want to them, and incinerate the rest, with the ashes in a cardboard box. No expensive urn. No embalming. No memorial service.)

I finally signed my will and all this other stuff this very week! I should have done it decades ago. One thing to consider is that being an executor can be a lot of work, and sometimes the executor may need to hire a lawyer—paid for out of your estate—to do the paperwork. If a lawyer is your executor, usually the lawyer receives a share of the TOTAL estate, like 1% to 3%. So if you have a million dollar estate, that’s $10,000 to $30,000. I’ve asked one of my sisters with an MBA and an accounting degree to be my executor, but I plan to leave her money for doing this. It’s not fair to expect one relative to do this for free while the others sit at home and complain.

Last month my girlfriend’s parents both came down with COVID-19. Her dad died last Saturday at 91. Her mother survived and came home a couple days ago, but is much more frail, incontinent, and has substantial memory loss, such that she cannot sign legal papers. Their will was 25 years old, and they gave each other power of attorney and made each other executors of their will. Those were not good moves! Fortunately, the man was able to talk with a lawyer and notary by FaceTime as he struggled for life in the hospital and transfer these things to his children. His wife certainly couldn’t do it. She didn’t even react when she learned he had died. Thanks to the virus, that is legal in Florida. By contrast, my own dad keeps the paperwork for his Do Not Resuscitate order on his refrigerator door, so EMTs can find it.

(By the way, my late friend was Catholic and went to mass most weeks. A priest gave him last rites by telephone, to my girlfriend, without chrism, without her dad being in on the call, even though her dad was conscious, and even though he hadn’t been to confession in decades. Then the priest assured her he would immediately go to heaven? Really? Is that Catholic theology these days?)

To avoid have an attorney make the change.
You can add a separate writing to your will. This will let you distribute most of your assets and you can change this without an attorney.
The executor is important so I would use an attorney. In Fl must live in the state, not be a Felon OR can be a blood relative living any where. I think blood means your blood line and not your spouse but I am not sure.
Will has to be signed according to Fl law so to be sure I would use an attorney.
Be sure to have a power of attorney.

If your will was done from another State; it is best to find a Florida lawyer to make changes and fix since the laws are different and some are required for Florida. That is if you are a resident of Florida now since there is NO estate tax here.

I was told that my Connecticut Revocable Trust and Pour Over Will was legal in Florida. That Florida will follow the letter of the laws of Connecticut. I hope that’s true. Modifying Trust documents are a little pricey.

Most wills allow up to 3 simple codicils. If not a Florida will suggest a new one. They require witnesses and notarization. I've done many in my 32 yrs a Florida Notary- villagenotary@aol.com.

We made a change to ours and there was a fee to have it changed and get new copies. Less than $100, as I recall.

You can do a Codicil yourself. There are samples of Florida firms on google.

That is not necessarily the case if you are now a Florida resident. I know of a resident that moved from Michigan and had to have an addendum made to their Michigan Trust to make it compliant with Florida law. If you haven’t checked with. FL lawyer regarding the CT Trust compliance I would recommend that you do so soon.

Normally your legal documents need to comply with the state you are an official resident of.

So many opinions....so little legal knowledge.

As a judge once said to someone in court, "Unless you think you have better knowledge or the law than someone who spent seven years in education and practices this every day, I recommend you hire an attorney."

Wills, codicils and trusts are based on hundreds of years of precedent dating back through history and midaevil common and canon law. So, if you just want to imagine what is logical and what is lawful, go ahead and make a mess of things.

As for me, I would go to a lawyer. Period

By the way, I don't ask for medical advice in this column either. Doctors seem to have more education about medical issues than I will ever have.

Precisely!

Plus, the attorney can help your loved ones with what and how things need to be done once you pass.

You should check with a FL lawyer. If you are an official resident of Florida then FLorida law is what you fall under. My mother came moved from another state and had to have an addendum done to her Mi Trust to bring it into compliance with FL law.

Legal questions
 

I moved here from NY. I brought a copy of all legal documents (will, power of attorney, health care proxy and living will) to Amy Pittman. Because in differences in law, all had to be redone according to Fl law. She was extremely helpful and reasonable.Had occasion to see her again, as I bought a house and that had to be dealt with upon my death. She advised me, did not have me draw up more legal documents I really did not need. Didn't even charge me for the time it took her to explain why I didn't need further legal documents. If I were you I would go see her. Your change will be done right and upon your death everything will be according to your wishes.

I have never heard of that, but we did select relatives, one in state, one out of state

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A trust simplifies the transfer, is private, and usually avoids probate costs. HOWEVER, it does not avoid estate taxes.

There is no Federal estate tax due unless your estate is worth more than $11.58 million.

If you pay a lawyer to prepare a trust, it will most likely cost more than a will and, it will not be "simple". The biggest selling point that lawyers use to sell you a trust is that you can avoid probate. But, I have been through several probates, and they are not very difficult to do yourself. And, if you have a simple will, you don't necessarily need to even go through probate, especially if you have no debt, and structure most of your assets to be "payable on death".

I suspect if you have a complicated estate a lawyer is a small price to pay and a good idea. I did my own with templets found on line, had them notarized and witness by two people. I also did a Quitclaim Deed myself and had it filed it with the clerk of courts, saving myself $600 in Attorney fees.

Why did you do the quitclaim?
For estate purposes?

The short answer is yes BUT is it self proving according to FL law? I think you need 2 witnesses to your signature and a notary to notarize the signatures. Does your executor/administrator qualify under Fl law - lives in Fl, not a felon or is a blood relative (living anywhere.)

The trust is probably ok but could have the signing problems a will might have.

Laws are very different in FL
 

If your original will was done outside of Florida, I suggest you get it looked at if you are married.

Florida has some very unusual laws regarding marriage because it is not a community property state.