Will Attorney in Lakeland

Over 25 Years of Legal Experience for Your Florida Will

A last will and testament does more than distribute property. It can name a personal representative to manage your estate, express your preference for a guardian for minor children, and give your family a clear path forward during an already difficult time. Without one, Florida’s intestate succession statutes decide how covered property is distributed, and the outcome may not match what you intended. I draft wills for Lakeland and Polk County families that reflect their current wishes.

At Advocate Law Firm, P.A., I’ve spent more than 25 years helping clients navigate family law and estate planning. My practice serves Polk, Hillsborough, and Osceola counties, and I offer consultations in both English and Spanish. I also offer a free initial consultation to get you started.

Call me at (863) 644-5566 to schedule your free consultation.

Why Work with a Will Lawyer Serving Lakeland?

Working with a Florida attorney can help you account for state law, including Florida’s execution formalities, homestead property rules, and probate administration considerations. Generic online templates can’t account for your particular circumstances or supervise how a document is signed. I provide personalized will drafting that reflects your family structure, asset types, and the people you want to care for your estate.

I bring more than 25 years of family law experience to every estate planning case. That background informs will planning after divorce, remarriage, parenthood, or changes in custody. I explain each step so you can make informed decisions about your family and property.

Florida’s Requirements for a Valid Will

Florida’s rules for executing a valid will are set out in Fla. Stat. § 732.502. A document that misses required signing or witnessing formalities can create avoidable issues when it is offered for probate administration. The following is general information, and how these rules apply depends on the document and circumstances.

The core requirements under Fla. Stat. § 732.502 include:

• Age and capacity: Under Fla. Stat. § 732.501, the person making the will must be at least 18 years old and meet Florida’s legal standard for testamentary capacity.
• Written document: Florida doesn’t recognize oral wills or holographic wills. The will must be a written, signed document.
• Testator’s signature: The testator must sign at the end of the will, or direct another person to sign on their behalf while present.
• Two witnesses: At least two witnesses must sign the will in the presence of the testator and in the presence of each other.
• Beneficiary as witness: Under Fla. Stat. § 732.504, a beneficiary who serves as a witness doesn’t void the will, and their inheritance isn’t reduced or forfeited solely because they witnessed it. Using disinterested witnesses can help avoid unnecessary concerns about the signing process.

A self-proving affidavit is a notarized acknowledgment by the testator and affidavits from the witnesses that can affect how witness testimony is handled during probate. Under Fla. Stat. § 732.503, it may be completed when the will is executed or at any subsequent date before an authorized officer. It doesn’t replace the execution requirements for the will itself. If your circumstances change after signing, a codicil can amend your will, but it must be executed with the same formalities as the original under Fla. Stat. § 732.502.

Creating Personalized Wills That Reflect Your Wishes

I draft wills around each client’s circumstances, including provisions for minor children, property distribution, charitable gifts, and the people trusted to carry out the client’s wishes.

Designating a personal representative, the person responsible for managing the estate and carrying out its terms through the probate process, is a key decision in will drafting. Naming a guardian for minor children is another. I walk you through both decisions, along with options for specific bequests of personal property, charitable gifts, and testamentary trusts for minor beneficiaries. A testamentary trust is created through the will and can set terms for property intended for a minor beneficiary.

Bilingual Will Planning Services

Estate planning documents should be understood by the person signing them. I offer consultations and services in both English and Spanish, so you can discuss your decisions and review your documents in your preferred language.

From the initial consultation through will-execution preparation, I communicate in whichever language makes the process clearest for you.