Jacksonville Legal Wills and Probate

Types of legal wills and probates

When planning your estate in Jacksonville, it is essential to understand the different types of wills that protect your assets, as well as the process that may be necessary for your beneficiaries to attain those assets.

Legal wills and their purposes

The types of wills that an individual may have are generally classified by the ways in which they are established or what they contain.  Some of the different types of wills include the following:

• Holographic or handwritten will.   A will that is prepared in hand writing.
• Testamentary trust will.  A will that sets up one or more trusts for distribution of property among beneficiaries.
• Video will.  A will that is recorded on video, and typically accompanied by a written will.
• Joint will.  A will that two individuals create together, each leaving all property to the other.
• Self-proving will.  A will that is notarized and certified at the time it is signed by the writer, therefore making it immediately acceptable to court.

Every will must meet certain requirements to be considered official:

• It must be written my someone 18 years of age or older, or by an emancipated minor
• He or she must be of sound mind, and have an understanding of the purpose of a will, the property he or she owns, his or her relationship with immediate family members, and his or her beneficiaries
• The writer must expressly state that the document is his or her will
• It must be signed and dated by the writer
• The will must be attested (signed) by at least two witnesses
• The provisions of the will must dictate who inherits specific items, name a guardian for any minor children, and indicate what should happen to any assets not mentioned
• The will must name a personal representative to the estate who is responsible for distributing all property and handling all debts and taxes

Living wills do not concern property disbursement at time of death.  Instead, a living will (also known as an advance directive) is a document that outlines end-of-life healthcare related preferences.

Probate and contesting wills

Probate is the process by which beneficiaries acquire their inheritance.  Probate can last anywhere from a few months to over a year, during which time the deceased’s will is interpreted by the court.  There are certain ways to bypass probate and its associated costs, including creating a living trust that names beneficiaries to the trust prior to death.

It is not sufficient to challenge a will on the basis of mere dissatisfaction with its content.  However, if a beneficiary believes that a will has been improperly executed, was created while lacking the capacity to do so, contains a mistake, or is the result of fraud, undue influence, duress, or insane delusion, he or she may bring forth a will contest.  During contest, wills are examined by courts to determine their legitimacy.

Jacksonville wills and probate attorney

For a free initial phone consultation on your matter concerning wills, probate or a will contest, or to request an attorney referral for another matter, contact Todd Watson, P.L., today.