[The Villages Guy]

or does Florida require me to have a new one done here?

Thx much.

[ReachTheBeach]

I am not a lwayer, but you are probably okay. Looking here:
https://www.legalzoom.com/articles/f...-and-testament

the requirements in FL:

The basic requirements for a Florida last will and testament include the following:

Age: The testator must be at least 18 years old or an emancipated minor.
Capacity: The testator must be of sound mind, which means capable of making decisions and reasoning, at the time the will is signed.
Signature: The will must be signed by the testator or by another person under his direction and in his presence.
Witnesses: Two competent witnesses must be present when the testator signs a Florida last will and testament in order for it to be valid. The witnesses must also sign the will in the presence of the testator and of each other. Witnesses may serve as a personal representative and/or receive a device under the will’s provisions.
Writing: Florida wills must be written. Holographic, or handwritten, wills are not recognized as valid in Florida.

[bale002]

You should not rely on legal zoom or any layperson's advice. Each state has its own laws and Florida has among the highest probate costs which a simply will does nothing to avoid.

I don't know the size of your estate, but you put "will" in quotation marks: if you are looking to save the $200-$400 an hour it probably costs to consult with a good estate planning attorney, then it probably doesn't make a difference.

[The Villages Guy]

Originally Posted by bale002

You should not rely on legal zoom or any layperson's advice. Each state has its own laws and Florida has among the highest probate costs which a simply will does nothing to avoid.

I don't know the size of your estate, but you put "will" in quotation marks: if you are looking to save the $200-$400 an hour it probably costs to consult with a good estate planning attorney, then it probably doesn't make a difference.

It's actually physical issues/hassles which I would like to avoid, so I'd rather be able to use my existing will.

[bale002]

Originally Posted by North_Pinellas_Guy

It's actually physical issues/hassles which I would like to avoid, so I'd rather be able to use my existing will.

Well, it all depends on the titling, complexity and amount of assets. In any case, a will does not avoid probate, and probate depends on the county in which you reside at time of decease.

If the amount warrants, you could talk to an estate planning professional by phone or even video conference, little physical movement and hassle involved; you could even send and receive documents by email/pdf and courier for wet signature, never leaving your house.

Good Luck!

[ReachTheBeach]

I was probably a little quick to answer, but I assumed a couple of things...

If you are not so worried as to think you must consult a lawyer then odds are there is not a major estate and likely not a big chance of any fight over it. If you have minor children and are providing for them monetarily as well as specifying who will raise them I doubt you would be asking here; you would go to a lawyer. If you have a complex family owned business, you would have already seen a lawyer. If I am wrong and there are complications, by all means see a lawyer.

[smarino]

This is an excellent site that will tell you what you need to know for every state in the US. We used it for our wills and power of attorneys (living wills), and for other legal smegal things. If you feel you need an attorney, just go to their home page and you can have one in your area contact you w/ no commitment. This is an excellent website on all things legal. The second link gives you the history on the site, and the third link explains the difference between a will and a living will, or living trust. The fourth link is for estate planning and probate.

Making a Will: Are Lawyers Optional? | Nolo.com

Nolo - History | Nolo.com

Living Trust v. Will | Nolo.com

Wills, Trusts, Living Wills, Estate Tax, Probate & Estate Planning - Nolo.com

Originally, we had a lawyer draw up our wills many years ago. It was expensive and unnecessary, and the way they had been drawn up forced us to contact the lawyer to have the wills updated whenever there were even teensy tiny changes (for a fee). I saw what our lawyer did on the original now defunct wills, and feel 100% confident that what we have now, using the DIY info from the site above, is perfectly adequate. If you have anything really complicated, then an attorney may be necessary. Florida has some legalities that are peculiar to this state, especially regarding who gets what in the event that you do not have a will. Florida also requires specific ways to have the will(s) notarized and witnessed.

The living will is as important, or more important, than the will, as someone could be incapacitated and kept alive in a vegetative state on machines unless a clear legal document exists that cedes power of attorney to someone, so they can follow through on the last wishes in this event.

This will give you info on avoiding probate. If you leave behind estate debts, then a living trust will not avoid probate. I am not an attorney, but legal information is available and free. AVOIDING an attorney and courts is always a good idea if you possibly can. If one makes everything simple and concise, like using life insurance and I.R.As to disburse funds to beneficiaries and avoid probate, and understands the laws in the state in which they reside (which is public information that is always free to get), that is half the battle. If someone has complications, then an attorney is required.

http://www.floridaelderlaw.net/pdf/03-17-07.pdf

http://www.nolo.com/legal-encycloped...ate-32070.html

http://www.deedclaim.com/florida/avoid-probate/

http://ohalllaw.com/2012/03/top-5-re...avoid-probate/

[justNancy]

Originally Posted by North_Pinellas_Guy

It's actually physical issues/hassles which I would like to avoid, so I'd rather be able to use my existing will.

I deleted my last comment because I misunderstood this post. By "physical" I thought you were talking about End of Life issues. If you are too sick to travel, many attorneys will come to your home. I just used Google out of curiosity and there are attorneys in Clearwater who specialize in wills, trusts and elder law who will visit you at home. I'm sure if you call an attorney's office, someone will be happy to answer your question. Although some attorneys fit the stereotype of the greedy, uncaring, sleazeball, most of them are nice people, at least the ones I've met.

[The Villages Guy]

Originally Posted by smarino

This is an excellent site that will tell you what you need to know for every state in the US. We used it for our wills and power of attorneys (living wills), and for other legal smegal things. If you feel you need an attorney, just go to their home page and you can have one in your area contact you w/ no commitment. This is an excellent website on all things legal. The second link gives you the history on the site, and the third link explains the difference between a will and a living will, or living trust. The fourth link is for estate planning and probate.

Making a Will: Are Lawyers Optional? | Nolo.com

Nolo - History | Nolo.com

Living Trust v. Will | Nolo.com

Wills, Trusts, Living Wills, Estate Tax, Probate & Estate Planning - Nolo.com

Originally, we had a lawyer draw up our wills many years ago. It was expensive and unnecessary, and the way they had been drawn up forced us to contact the lawyer to have the wills updated whenever there were even teensy tiny changes (for a fee). I saw what our lawyer did on the original now defunct wills, and feel 100% confident that what we have now, using the DIY info from the site above, is perfectly adequate. If you have anything really complicated, then an attorney may be necessary. Florida has some legalities that are peculiar to this state, especially regarding who gets what in the event that you do not have a will. Florida also requires specific ways to have the will(s) notarized and witnessed.

The living will is as important, or more important, than the will, as someone could be incapacitated and kept alive in a vegetative state on machines unless a clear legal document exists that cedes power of attorney to someone, so they can follow through on the last wishes in this event.

This will give you info on avoiding probate. If you leave behind estate debts, then a living trust will not avoid probate. I am not an attorney, but legal information is available and free. AVOIDING an attorney and courts is always a good idea if you possibly can. If one makes everything simple and concise, like using life insurance and I.R.As to disburse funds to beneficiaries and avoid probate, and understands the laws in the state in which they reside (which is public information that is always free to get), that is half the battle. If someone has complications, then an attorney is required.

http://www.floridaelderlaw.net/pdf/03-17-07.pdf

Avoiding Probate in Florida | Nolo.com

Using Deeds to Avoid Probate of Real Estate in Florida | DeedClaim

Top 5 Reasons to Avoid Probate | Florida Probate Attorney

This is awesome. Thank you. I keep focusing on after life will, but I do need to do a living will, so it looks like at least one will need to be done in FL.

We are only talking $1,000,000 total and it is to wife first and 32 year old son second if wife not alive, so it should be very easy. Even a living will should be easy, because I will choose DNR at every opportunity possible.

Thx so much.

[Restrain]

You really need a Living Will, and you need a Health Care Surrogate form. The first you are aware of, the second lets designated people make medical decisions if you are incapacitated. This is above and beyond the Living Will. The spouse has that right automatically, but if both are incapacitated, say a wreck, then someone else needs to be able to do this.

Then you need a Designated Guardianship form. This allows someone to act on your behalf if you are incapacitated. Tis is different from the above as this allows someone to act on your financial acts, etc.

Florida Guardianship is a big scam. Horror stories are abundant about estates being plundered,people caught in the system and unable to get out of the judicial hellhole.