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I need to get a will done elderly friend of mine. I have a

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I need to get a...
I need to get a will done for an elderly friend of mine. I have a florida Will from the library, just needed to confirm I am doing it right
Submitted: 2 years ago.Category: Estate Law
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11/1/2015
Estate Lawyer: jb156200, Attorney replied 2 years ago
jb156200
jb156200, Attorney
Category: Estate Law
Satisfied Customers: 466
Experience: I am a Probate Attorney practicing in Tampa, Florida.
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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.

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Customer reply replied 2 years ago
do the two separate people need to sign it in front of a notary or can they be alone?
Customer reply replied 2 years ago
Is there anyway I could call you to confirm how to do the will correctly.?
Estate Lawyer: jb156200, Attorney replied 2 years ago

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.

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Customer reply replied 2 years ago
This can be anybody, it doesn't matter who?
Customer reply replied 2 years ago
I don't want to read florida statutes, I'm not a lawyer
Customer reply replied 2 years ago
will the notary know how to fill out form properly and that I have the right form? I just got the form at the library for a simple will
Customer reply replied 2 years ago
you don't have to call me it's ok
Customer reply replied 2 years ago
maybe this form I have is ok, we meet at UPS for a notary and that's it, sign it and that's all I need to do?
Estate Lawyer: jb156200, Attorney replied 2 years ago

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.

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Customer reply replied 2 years ago
I need some more help with this form can I call you or you call me please?
Customer reply replied 2 years ago
There aren't that many questions, or if you know where I can get a better form?
Estate Lawyer: jb156200, Attorney replied 2 years ago

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.

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Customer reply replied 2 years ago
I'm not sure where to go for an attorney, it would have to be pretty cheap I'm afraid. He doesn't like spending money (even though he has it) and I don't have very much-- that's the problem! You know where I can go for cheap
Estate Lawyer: jb156200, Attorney replied 2 years ago

You can contact the Florida Bar Referral Service.

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Customer reply replied 2 years ago
if I try to do it myself than there is a good chance it won't work I guess.
Estate Lawyer: jb156200, Attorney replied 2 years ago

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.

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Customer reply replied 2 years ago
Right, so how does he make a will on his own behalf, he has to fill out the form himself, or he just writes something up free hand, can you show me a sample of what it looks like. I may be able to talk him into doing this if he knew how.
Estate Lawyer: jb156200, Attorney replied 2 years ago

There are several websites that offer Last Will & Testament forms with directions for a fee. Also, Office Depot or Staples sell templates.

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Customer reply replied 2 years ago
if he makes up this will from a template that I buy at staples, does it still have to take two witnesses in front of a notary?
Estate Lawyer: jb156200, Attorney replied 2 years ago

Yes, according to Florida Statutes, a valid Will must be witnessed by two independent people in the presence of a Notary.

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Customer reply replied 2 years ago
well I got a template that the lady at the library gave me today. If that what a template is. It has four sides. And most of it is saying if I die, then he leaves it to this person, and then that person (4) times, Then it says he nominates who shall be represented by___ as executor of will , and it has three spaces for witnesses (is one of them me I guess?). It is a simple form, you think this sounds right to use? Or I should go to STaples? If it is right, I don't understand the questions, not sure he will either?
Customer reply replied 2 years ago
The rest of the will I understand, just not that part I asked you about.
Estate Lawyer: jb156200, Attorney replied 2 years ago

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.

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Customer reply replied 2 years ago
I was planning on letting him fill it out, he can't see very well. So I have to help him get the right form.Is there only one form at Staples, or are there many? What is it called? Is that the official, correct form. I guess I better use that one, not the one I got from the library. I hate to spend money, because there is a chance he will have to go to a nursing home and lose everything.
Estate Lawyer: jb156200, Attorney replied 2 years ago

You want the form for a single adult and not the one for a married couple. It is called a Last Will & Testament.

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Customer reply replied 2 years ago
Ok, what about a Will he did earlier for someone who deserted him, he needs to make sure that doesn't go through and I am on the will not that person who he says is the beneficiary at this time?
Estate Lawyer: jb156200, Attorney replied 2 years ago

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.

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Customer reply replied 2 years ago
oh, well that cost money, and like I said he may have to go to a nursing home. I don't have any money for a lawyer unless it's cheap, and he doesn't like spending money, even though he has it.
Estate Lawyer: jb156200, Attorney replied 2 years ago

I understand, I'm just letting you know how to make sure the Will is 100% acceptable.

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Customer reply replied 2 years ago
That will probably cost like a $1000 at least I guess, I think I'm in trouble with this.
Estate Lawyer: jb156200, Attorney replied 2 years ago

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.

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Customer reply replied 2 years ago
well I can tell you he has no children or spouse, but he has family up north and a lot of his money is going to charity up north. I guess that could still be a problem right?
Customer reply replied 2 years ago
his children and spouse died
Estate Lawyer: jb156200, Attorney replied 2 years ago

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.

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Customer reply replied 2 years ago
I may be able to swing $300, it may take a long time to find one that cheap. Where do I start?
Customer reply replied 2 years ago
i think your right it should be done by an attorney, his family may get involved, probably.
Customer reply replied 2 years ago
I'm afraid he's lying and he already has a will done by his family, he does lie sometimes.
Customer reply replied 2 years ago
Well, you have successfully talked me out of trying to do it myself I would say.
Customer reply replied 2 years ago
Unfortunately, I know what to do, but it I can't do it probably.
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