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Several times throughout the years I have been presented with a DIY will. I have seen many versions, from hand-written forms printed from the internet. The odds are usually, unfortunately, that these Wills may not work the way they were intended.
Let me tell you a real story: Many and Lara
Manny dedicated several years of his life to care for Lara, his best friend. Lara got sick and Manny cared for her diligently. Lara was at the hospital, she was of sounds mind, but she knew her time was coming soon. She pled Manny to find a notary so she could do a Will. The notary (not an attorney) prepared a “Will” and wrote what Lara said she wanted written on the document. The notary typed up the document and brought the document to the hospital and Lara signed it, and the document was notarized.
Lara left the house and accounts to Manny as per the drafted document. Manny came to me with the Will a few months after Lara passed away. He was, sadly, confronted with reality. The presumed Will was not valid. It was signed and notarized, but it had not been witnessed as required by Florida law. A will does not have to be notarized but it has to be properly witnessed. Manny got nothing.
If that story is not enough for you, read this: Tom’s story
Tom walked into my office with a Will. The document looked good.. It was a form printed off the internet, but it was signed and witnessed properly. Upon reading the distribution clauses, we discovered that the Will would give Tom nothing. He was the second person to inherit, supposedly. The first person was deceased. But guess what? The way the Will was written, everything went to the heirs of the first person named on the will and none to Tom.
Real Cost of a Will
The Wills above cost a lot less to prepare than one properly done by an attorney, but it cost each intended beneficiary the whole inheritance. Some things in life are worth the price tag for a priceless result.
So next time, when you decide to do it yourself, at the least, read the Florida statutes on Wills, study some case law, and understand it, and then and just probably then, you may convince yourself that an attorney is the most cost-effective way! Just a thought!
As always, we will be happy to help you avoid these issues.
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At Yahima Suarez, PA We Care!
*Names have been changed for privacy and confidentiality.
