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Wills

The Foundation of a Solid Estate Plan

          A last will and testament is one of the most important legal documents you can have. It allows you to decide exactly how your assets will be distributed after your death, name guardians for your minor children, and appoint a personal representative (executor) to manage your estate. Without a valid will, Florida law—not you—determines who receives your property and who oversees your estate.

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          Creating a will ensures your wishes are honored, minimizes family disputes, and provides clarity and peace of mind for your loved ones during a difficult time. Even if your estate is modest or you believe everything will “just go to family,” a properly drafted will can make the probate process smoother, faster, and less stressful.

At the Law Offices of Adam Farber, we take the time to understand your goals and help you craft a will that reflects your values and protects your legacy. Whether you're creating a will for the first time or updating an existing one after a major life change, we’ll guide you through the process with clarity and compassion.

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Types of Wills

Simple Wills

Pour Over Wills

Holographic Will

Nuncupative Will

Joint Will

Living Will

(Not a true “will”)

A straightforward document that outlines how your assets should be distributed and names a personal representative (executor). It may also name guardians for minor children. Ideal for individuals with uncomplicated estates.

Used in conjunction with a revocable living trust, this type of will ensures that any assets not already titled in the name of the trust at the time of death “pour over” into the trust and are distributed according to its terms.

A handwritten will, or "holographic will," may seem like a simple way to state your wishes, but in Florida, it is not valid unless properly signed and witnessed. Even then, handwritten wills often lead to confusion, legal challenges, and unintended outcomes. For peace of mind and to ensure your wishes are honored, it’s always best to have your will professionally prepared by an attorney.  

A nuncupative will is an oral will—spoken rather than written—often made in emergencies or near death. While some states may allow them under strict conditions, Florida does not recognize oral wills under any circumstances. Because of this, relying on a spoken will can leave your final wishes unenforceable and your loved ones unprotected. To ensure your estate plan is valid and respected, a properly drafted written will is essential.  

A single will created by two people—typically spouses—intending to leave assets to each other and then to a third party (like children). Not commonly used, as it can create complications if one spouse wants to change the terms later.

Despite the name, a living will is actually a health care directive—not a will for distributing property. It outlines your wishes regarding life-sustaining medical treatment in the event you're incapacitated.

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Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create an attorney-client relationship, and receipt or viewing does not constitute an attorney-client relationship.

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