The Florida Planning Law Firm

A Law Firm Dedicated to Success for All of Our Clients

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SOME SUGGESTIONS CONCERNING WILLS

  1. Marriage does not cancel a will in Florida, but a spouse acquired after the execution of a will may receive the same portion of your estate that he or she would have received had you died without a will (at least one-half).
  2. If you have moved to Florida from another state, it is wise to have your will reviewed by a Florida lawyer in order to be sure that it is properly executed according to the laws of Florida, that the witnesses are readily available to prove your will in Florida, and that your personal representative is qualified to serve in Florida.
  3. Before your will is effective to dispose of your property, it must be proved in the probate court. If the will is self-proving and otherwise valid, it may be admitted to probate without further proof. If the will is not self-proving, it generally must be proved by the oath of one of the witnesses. The oath must be given before a circuit judge, clerk of court, or a commissioner specially appointed by the court for that purpose. (Under certain circumstances, the court may permit the will to be proved by other means permitted by law.) A will can be made self-proving either at the time of its execution or later, which saves the time and expense of locating a witness and obtaining his or her oath after your death. For your will to be made self-proving, you must acknowledge the will before an officer authorized to administer oaths; the witnesses must make affidavits before the officer; and the officer must evidence the acknowledgment and affidavits by a certificate attached to or following the will.  The self-proving procedure is in addition to the normal execution and witnessing of the will, not in place of it.
  4. No matter how perfect a will may be prepared for you, unless it is properly executed in strict compliance with the laws of Florida, the will may be entirely void. Be sure that you execute your will in the presence of your attorney, who knows exactly how and in what order the will should be signed.
  5. Every person owning property who wishes to exercise control in the disposition of that property when he or she dies, should have a will regardless of the value of the property. Of course, the larger the estate the greater the tax consequences.

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Practice Areas

Estate Planning
Probate
Guardianship
Taxation

Business Formations
Asset Protection
Adoptions
Special Needs Planning

Welcome to Short, Setzer, Cowart, The Florida Planning Law Firm

We offer clients individually tailored estate planning advice that leverages their ability to transfer wealth to future generations while minimizing taxes, risk of loss and family acrimony. We have extensive experience representing individuals and businesses to preserve and pass on our clients’ lifetime of hard work, vision, and sacrifice. We welcome the opportunity to discuss your needs, our qualifications, and fee structures with respect to estate planning and trust and estate administration. We are a caring and compassionate law firm working hard to assist our clients pass on their Family Wealth and Legacy to their loved ones!
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Connect With Us

625 Atlantic Blvd. Atlantic Beach, FL 32233

Tel: (904) 853-6268
Fax: (904) 853-5671

info@floridaplanninglaw.com

Mission Statement

To provide our clients with the highest level of service, focused on exceeding their individual needs. To provide our employees with a supportive environment that facilitates personal and professional growth and success.

Why Do I Need A Will?

Having a will is arguably one of the most important things you can do for yourself and your family. Not only can a will legally protect your spouse, children, and assets, it can also spell out exactly how you would like things handled... more

Our Location

We are located in the heart of Atlantic Beach west of Monahan Jewelers and east of the Wine Warehouse and Soup’s On. Click here for an interactive map and contact information.

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