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A DIY will can mean that your will is anything from a handwritten document created at home to a will created with a prefab will form purchased from an office supply store. DIY will templates can be as simple as filling in the blanks on a form that serves as a will.
As long as a will is executed properly in accordance with the requirements listed in Florida Statutes 732.502, it will be considered valid. Ultimately, the legality of your will is going to be determined by a judge after it is presented to the court for probate.
There are very strict requirements stating that wills must be signed and dated by the testator, witnesses and notary public. Every issue that I’ve encountered with probating a DIY will has been caused by the will not meeting those requirements, meaning that there are either insufficient witnesses, undated signatures, improper notary, or other issues.
If your will is incorrect and only minor changes are needed, you can execute a codicil document to amend your existing will. However, if your will is executed improperly, it might be wise to execute a new will altogether. An attorney may charge their hourly rate or a consultation rate to review and advise you on a DIY will, which could become costly depending on the scope of your error.
Generally, probate cases are either billed hourly or at a flat rate. These prices can vary based on the size of the estate, but a contested probate case will always be much more expensive. This is due to the increased number of hours that the attorney will need to spend helping you to solve the problems the DIY will has created.
Estate planning is far more proactive than many other areas of the law, and efficient planning can save you significant money. An experienced estate planning attorney can work with you to develop a well-rounded plan that avoids unnecessary costs and ensures your assets are protected for your loved ones.
Even seemingly simple estates can have hidden pitfalls and unforeseen complications, so it is important to work with an attorney to ensure legal compliance and peace of mind. Proper planning can help you to take the right steps to avoid any potential mistakes.
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