Posted by : Long H. Duong, Esq. on March 31, 2008
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I have been working on a probate for a small parcel of land. The decedent evidently found a form for a simple Will (and I do mean simple) and filled in the blanks. This will would be typically found in your local office supply store or perhaps a book store with built in corporate coffee shop.
The main problems with this Will were that it was improperly witnessed/notarized and one of the heirs had predeceased the decedent. That heir had children that according to this will were essentially written out and disinherited (which appears to be unintentional).
This further supports my gripe with a “Will-in-a-box”. There is no guidance. There is no discussion of how the Will shall be “played out” in probate administration. These document companies have sold the document, perhaps written a thick orange book or secured a high profile attorney to endorse the product, but has no intention of helping you or your heirs if things go wrong.
Typical questions:
If the company says that the Will is “state specific”, shouldn’t it be effective?
Perhaps. The number one problem with these forms is that the testator (person executing the Will) typically doesn’t understand the formalities of execution. There are witness requirements and notarized affidavits that should be included to facilitate (and I do mean facilitate) administration in Florida probate.
So if I do my research or the forms give instructions on how to execute them properly, am I in the clear?
Depends. A few other glaring omissions that I’ve seen include:
- Waiving bond for the personal representative
- Planning for predeceased children or heirs
- Contingent trusts in the event that a minor or otherwise incompetent child receives a distribution
- Planning for distribution of one’s homestead
Having a Will-in-a-box is better than having no will at all (most of the time), but many lawyers will prepare one properly for a few hundred bucks. Why are you risking thousands, tens of thousands or perhaps hundreds of thousands of dollars in cash or real estate on a $9.95 form?
Lynnette Trumbull says
I don’t know if this is the right place to put this, but I’d just like to thank Mr. Young for all of his help with my probate case. He was very up front with me about fees and possible delays. I thought his fees were fair even though they were not the cheapest (but you git what you pay for!)
One of the most shocking things about having him as my lawyer is that he wasn’t too stuck up to answer the phone! That was refreshing!!!
Thanks again Mr. Young. It was a pleasure working with you!!
suzan nally says
would like to know if a will was prepared online where or how it would be retrieved. also if there is a way to find a safty deposit box or just plain find a will filed online. thanks. Suzanne
Long H. Duong, Esq. says
@ Suzan Nally:
The fact that the Will was prepared online only leaves the possibility that a COPY might be available somewhere. There is no state or federal mandate that Wills be “filed” online. Depending on your jurisdiction, the county may have online access to see what has been filed in the public records.
For probate purposes, you need to find the originally signed Will. I suggest you check where the decedent did his/her banking and ask if there was a safety deposit box in decedent’s name. (If there is, you’ll have to get a court order to open it - you can contact me about this).
Failing that, call the county clerk in the county where decedent last resided and ask if a Will has been deposited for safekeeping (this is done AFTER decedent dies)
Hope that helps. Feel free to contact me about this for more details: http://weprobateflorida.com/contact-us/