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Top Mistakes People Make When Drafting Their Own Will
Many people believe they can write a legally binding will without legal guidance. With countless do-it-yourself resources available online, it’s easy to think that drafting your own will is simple. But at the Law Office of Petrovitch & Kutub, we often assist families whose loved ones left behind wills that were unclear, incomplete, or entirely invalid under Florida law.
A will is more than just a document that outlines who receives what. It is a critical tool for protecting your loved ones, avoiding conflict, and ensuring your wishes are respected. Errors in homemade wills often lead to court disputes, added expenses, and unintended outcomes. Here are some of the most common mistakes people make when drafting their own will.
Using Templates That Ignore Florida Law
Many people rely on downloadable templates that may not meet Florida’s strict legal requirements. For example, Florida requires that a will be signed in the presence of two witnesses, both of whom must be present at the same time and must also sign the will. If any of these steps are skipped, the entire document can be invalidated.
Additionally, generic templates often fail to account for the unique aspects of Florida law, such as rules governing homestead property or elective share rights for surviving spouses. These omissions can create costly consequences for your beneficiaries. As estate planning lawyers in Florida, we draft wills that fully comply with local statutes and reflect our clients’ specific needs and goals.
Choosing the Wrong Personal Representative
Your personal representative, also known as an executor, is responsible for managing your estate after you pass away. Many people choose someone they trust, such as a family member or friend, without considering the legal and logistical responsibilities the role entails. Under Florida law, a personal representative must be either a Florida resident or a close relative. If the person you name does not meet the qualifications, the court may appoint someone else.
Selecting someone who lacks the time, skill, or willingness to manage these tasks can create complications during the probate process. We help our clients make informed choices and include alternatives in case their first choice is unavailable. Working with a will attorney in West Palm Beach allows you to avoid this common mistake.
Leaving Out Important Assets
Homemade wills often overlook valuable assets such as digital property, business interests, or future inheritances. Some people even list items that do not belong in a will, such as accounts with named beneficiaries. This can cause confusion or disputes between heirs.
Failing to list specific items or accounts may result in those assets being distributed according to Florida’s intestacy laws, rather than your wishes. We work with clients to identify all relevant properties and ensure each asset is distributed exactly as intended. An estate lawyer in Boca Raton can guide you through this process and ensure that nothing is overlooked.
Not Updating the Will Over Time
Life changes quickly. Marriages, divorces, births, deaths, and financial changes can all affect how your will should be written. Unfortunately, many people create a will and never update it again. If your will does not reflect your current family and financial situation, your wishes may not be honored.
In Florida, divorce does not automatically remove your former spouse from your will. Without updates, they could still inherit under outdated instructions. That is why we recommend reviewing your estate plan every few years or after any significant life change. We provide reviews and revisions so your plan stays current and enforceable. If your will no longer reflects your current wishes, schedule a consultation with our team to update it with confidence.
Not Naming a Guardian for Minor Children
If you have children under 18, your will should clearly name a guardian to care for them if something happens to you. This is one of the most crucial aspects of any will, yet many people overlook it. Without a valid designation, the court will decide who raises your children.
Naming a guardian in your will provides direction and peace of mind. We help parents make thoughtful decisions and ensure their guardianship designations are adequately documented. It’s one of the many reasons seeking help from a will and trust lawyer in Florida is so important when drafting your estate plan.
Avoiding Costly Errors Starts with Trusted Legal Support
Your will should do more than list property. It should protect your family, preserve your legacy, and stand up to legal scrutiny. At the Law Office of Petrovitch & Kutub, we provide estate planning services designed to address your specific needs and comply with Florida law. With offices in West Palm Beach, Fort Lauderdale, and Boca Raton, we proudly serve families throughout the region. If you’re ready to get started or need help correcting a previous will, contact us today to schedule a consultation with our team.