Estate Law Questions? Ask an Estate Lawyer.
In order to have a valid Will in Florida it must be witnessed by two separate people who are not in the Will. It also needs to be signed and witnessed in the presence of a notary.
Yes. Everyone needs to be in eye contact with each other. The notary needs to witness all the signatures. You can confirm the requirements in the Florida Statutes.
I'm sorry I had to log off. Yes all you need to do is go to UPS with both witnesses so that the notary can watch everyone sign.
It is highly recommended you take your friend to an attorney to properly have a Will prepared. For starters, the attorney will determine competency, which is required when executing a Will. The attorney will provide the Witnesses and Notary.
You can contact the Florida Bar Referral Service.
You are not an attorney and therefore technically not allowed the practice law. Your friend may make a Will on his own behalf, but it is not recommended that a friend prepare it.
There are several websites that offer Last Will & Testament forms with directions for a fee. Also, Office Depot or Staples sell templates.
Yes, according to Florida Statutes, a valid Will must be witnessed by two independent people in the presence of a Notary.
You only need two witnesses. A witness should not be a relative or someone named in the Will as either a beneficiary or the Executor.
You want the form for a single adult and not the one for a married couple. It is called a Last Will & Testament.
When you execute a new Will the old one is null and void unless the new Will is found to be invalid. So he is naming you as his beneficiary of his estate? If this is the case, then you definitely should go to an attorney because you are not a spouse, child, family member, or charity.
I understand, I'm just letting you know how to make sure the Will is 100% acceptable.
In the State of Florida judges are highly suspicious of homemade Wills where the beneficiary is not a spouse or a child. Due to the large retiree population in the state, the courts have high standards to avoid invalid Wills. Most attorneys will charge around $300 to $500 for a Will.
There may never be a problem; however, if a family member wants to challenge the Will when he dies, they are more likely to be successful when it is a homemade Will versus one prepared by an Attorney.