DeLand Wills Lawyer

DeLand Wills Attorney

Creating a will is one of life’s most important responsibilities. While it may feel daunting to consider all the legal complexities of an estate plan, A DeLand wills lawyer can help you create a comprehensive will that gives you and your family peace of mind for the future.

Florida probate and estate laws are complicated, and without a will, your loved ones may face the rigors of a formal probate case in the event of your death or incapacity. Decisions that you would have made thoughtfully and lovingly will fall to the courts, creating unnecessary hardship for your family. An experienced DeLand estate planning lawyer can guide you with compassion and knowledge as you embark on the important task of crafting a will.

At The Preston Law Firm, we have over 50 years of experience with Florida estate law. We’ve assisted thousands of families in Volusia County with establishing their wills and estate plans. When it comes to your legacy, the stakes are high. You need a will, and we’re here to help.

Why Wills Are Important

Over 75% of Americans die without a valid, legal will. Many people falsely believe that their estate is small enough that a will is not required, while others delay the creation of their will for a variety of reasons. Unfortunately, even small estates are subject to probate laws in Florida, and without a valid will, strict intestate succession laws may apply.

Wills are especially important if you are the parent of minor children or the guardian of a disabled loved one. A will enables you to nominate a trusted guardian for your children in the event of your death or incapacity. Without a will, your children’s guardian may be determined by the courts.

Dying intestate can also compromise your family’s financial standing and create the need for a lengthy formal probate process, increasing the probability of compounding legal fees and conflict. A will created by a qualified wills attorney is the first step in ensuring that your wishes are carried out and your beneficiaries are protected.

Legal Requirements for a Will in Florida

Any will in the state of Florida must adhere to Chapter 732 of the Florida Statutes and meet all necessary legal requirements. The testator must be at least 18 years old at the time of the will’s creation and be of sound mind and capable of making the important decisions required. The will must be in writing, signed by the testator and two witnesses.

While this process might seem simple enough, the language in the will and the way in which it is established matter, and can mean the difference between a simple transfer of assets overseen by a named executor and simple oversight by the probate courts, or a stressful, full probate case that can cost your beneficiaries valuable time and money.

An experienced lawyer who knows Florida’s estate laws can advise a client on the most effective language and how it applies to the law when crafting a will. Simple wills are economical and efficient. Many people assume that creating an estate plan with a lawyer is expensive, but that is seldom the case. Dying intestate can be far more costly for those left behind.

The Preston Law Firm

Experience the Difference. Choose an Trusts Law
Firm Dedicated to You and Your Family.

Schedule A Consultation

call 386-424-9200

When To Hire a Wills Lawyer

It’s never too early to think about the future. If you are 18 or over in DeLand, Florida, you can create a will. An estate plan isn’t only about protecting your assets, but also the welfare and financial standing of your heirs. When you hire a wills lawyer, they can collaborate with you to draft an effective will, establish trusts, and plan for advanced care, providing effective tools to protect your legacy.

FAQs

What Is the Cost of the Average Will?

The cost of creating a will depends on the size and value of your estate, the complexity of your assets, and whether you wish to add a trust, a living will, or other important documents to your estate plan. A simple will created by a qualified attorney is less expensive than you might imagine. Most wills and basic estate plans are very affordable and less costly than a lengthy probate process.

What Is the Biggest Mistake With Wills?

One of the biggest mistakes is failing to update your will or revise it after major life events. A will is not a static document. It should reflect the changes in your life. Life transitions such as marriage and divorce, the death of a spouse, the birth or adoption of children, or a major change in assets all necessitate revisions to your will. Without revision, these changes can leave your will vulnerable to lengthy probate proceedings.

What Is the Least Expensive Way to Make a Will?

In Florida, as long as your will contains all of the criteria outlined in Chapter 723, it is considered a valid will, meaning DIY wills can be legal. However, hiring an attorney to create your will is ultimately the most cost-effective and legally sound way to ensure your final wishes are carried out. The peace of mind gained by creating a comprehensive estate plan is well worth the investment.

Is It Better to Get a Will or a Trust?

Wills and trusts are both effective, important tools. A will declares your final wishes for your estate, names guardians for your children, and appoints an executor. A trust is a separate legal entity that you fund during your lifetime.

All wills must go through probate, but trusts help ensure your beneficiaries receive their benefits in a timely manner, often without the need for the probate court. Wills and trusts perform different functions, but work together as essential estate planning tools.

Contact Us Today for a Consultation

Estate planning is a necessary part of life, but it need not be intimidating or stressful. At The Preston Law Firm, our dedicated legal team has decades of experience in estate law and wills. We are here to answer all your questions and advise you on estate planning tools suitable for your circumstances. Contact us today to start planning for your future.