Probate Lawyer in Weston
Weston, Florida is a principal arranged residential community in Broward County. In 1996, it was created as a municipality. Much of Weston was created by Arvida/JMB Realty and is situated close to Broward County’s western progressive boundary. It is the most western municipality in the county, and its whole west side is adjacent to the Everglades. As of the 2010 census, 65,333 people resided there. Weston is a main municipality of the Miami urban region. It is occasionally dubbed “Westonzuela” because of its big Venezuelan population, which has expanded considerably since the early 90s. In 2000, only 2,020 Venezuelan residents inhabited there. However, this number increased to 6,360 in 2010.
The Fundamental Conditions for a Legal Florida Will
In Florida, there are a few fundamental conditions for a Will to be regarded as a legal will; without these conditions being satisfied, no Florida probate judge will allow the Will into probate. This is accurate no matter how many witnesses approach the judge and clarified that the deceased person thought the Will to be legal.
Fundamental Conditions of a Florida Will
A Last Will and Testament in Florida is only legitimate if it satisfies the subsequent standards pursuant to the Florida Probate Code, Chapter 732:
- The individual who created the Will must have been no less than eighteen years of age at the time. Only individuals who are at least eighteen years old can create legal wills in Florida, unless they have been lawfully emancipated.
- The Will must be a written document. Oral wills, termed “nuncupative wills”, are not regarded as legally binding in Florida.
- The Will must be witnessed by two individuals. Holographic wills, handwritten wills that have no witnesses, are not acknowledged in Florida.
- The witnesses and the will’s creator all must simultaneously sign—they must all observe each other endorsing the document.
- The individual must be of sound mind when the will is endorsed.
Florida Residents from Other States Must Know Florida Law Concerning Legal Wills
Those people who relocate to Florida from other states, such as permanent retirees, casual residents known as Snowbirds, and investors, might not believe that it is unnecessary to go back to their Last Will and Testament if they are satisfied with their dispositions. However, if they originate from states where nuncupative or holographic wills are approved, for instance, then they must understand that these wills are not acknowledged in Florida. Thus, for these individuals, in addition to other Florida residents, it is imperative to have their will written and/or evaluated by a Florida attorney to guarantee that it is legal under Florida law so that their property like real estate, personal property, and/or money is issued or sorted out according to their wishes.
However, the Florida Legislature has made an exception for military employees by stating that any will be implemented as a military testamentary tool according to 10 U.S.C. s. 1044, Chapter 53, by an individual who is qualified for military legal help is lawful as a will in this state. In addition, Florida Statue 732.502(2) does maintain sister-state interchange for drafted wills beginning in other states: any will that is not holographic or nuncupative, implemented by a non-Florida resident, either prior to or after this law comes into force, is legal as a will in this state if legal according to the laws of the state or nation where the will was implemented.