At Berg Bryant Elder Law Group, we provide personalized will drafting and review services, helping you name guardians, distribute assets, and prevent family disputes. With deep experience in Florida estate law, our attorneys bring clarity to every plan. Your loved ones are protected long after you’re gone with a will lawyer in Jacksonville who helps ensure every detail of your estate is handled the way you intend.
Every adult needs a will, regardless of age or wealth. Without this crucial document, Florida law—not you—decides who receives your assets, who raises your children, and who handles your final affairs. Creating a will with the guidance of a Jacksonville FL will attorney gives you control over these important decisions and provides your family with clear guidance during a difficult time.
At Berg Bryant Elder Law Group, our Jacksonville will attorneys help families throughout Northeast Florida create clear, legally sound wills that protect their loved ones and honor their wishes.
A well-crafted will reflects your values and protects the people you love.
A last will and testament is a legal document that directs how your property and assets should be distributed after your death. In Florida, the terms “will” and “testament” mean the same thing and are often used together.
When you create a will, you (the “testator”) are essentially leaving instructions for:
A will only takes effect after your death and must go through the probate process, which is the court-supervised administration of your estate. During probate, your personal representative collects your assets, pays any debts or taxes, and distributes your remaining property according to your will.
In Florida, a valid will must meet specific legal requirements:
Beyond these basic requirements, a comprehensive will typically includes:
When properly executed, your will ensures your final wishes are respected and provides a roadmap for your loved ones during a difficult time.
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Many people delay creating a will, thinking they’re too young, don’t own enough assets, or have plenty of time. The reality is that unexpected events happen, and having a will provides crucial protection for your family. Here’s why a will is essential:
Protecting Your Children
If you have minor children, a will allows you to name their guardian. Without this designation, a court will decide who raises your children—a decision that might not align with your wishes.
Distributing Your Assets
A will specifies who receives your property and personal belongings. Without a will, Florida’s intestacy laws determine how your assets are distributed, which may not reflect your wishes.
Naming a Personal Representative
Your will designates who will manage your estate. This person will gather your assets, pay debts, and distribute property according to your will. Choosing someone you trust ensures your wishes are carried out properly.
Minimizing Family Conflicts
Clear instructions in your will can prevent disagreements among family members during an already stressful time. Without guidance, conflicts over possessions—even those with more sentimental than monetary value—can damage family relationships.
Supporting Charitable Causes
A will allows you to leave a legacy by supporting causes important to you. You can designate specific assets or a percentage of your estate to charitable organizations.
We take the time to learn about your unique situation and craft a will that addresses your specific concerns and goals.
Depending on your situation, different types of wills might be appropriate:
Simple Will
A basic will that outlines your wishes for property distribution, names a personal representative, and designates guardians for minor children. This type of will works well for many people with straightforward estates.
Pour-Over Will
Works in conjunction with a revocable living trust. This type of will “catches” any assets not already transferred to your trust during your lifetime and “pours” them into the trust upon your death.
Testamentary Trust Will
Creates one or more trusts that take effect upon your death. This type of will is useful for providing ongoing management of assets for minor children, beneficiaries with special needs, or other specific situations.
Holographic and Nuncupative Wills
Florida does not recognize unwitnessed handwritten (holographic) or oral (nuncupative) wills. Your will must be in writing. Handwritten wills are permissible in Florida if they meet all execution requirements (signed and properly witnessed).
Our Florida Board Certified Elder Law Attorneys take the time to create a will that truly reflects your wishes while ensuring it meets all legal requirements.
At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys create customized wills for families throughout Northeast Florida, including Jacksonville, Orange Park, St. Augustine, and surrounding communities.
Don’t leave your family’s future to chance. Contact us today to schedule a consultation and take the first step toward protecting your legacy with a professionally drafted will.
If you die without a will (intestate), Florida law determines who receives your assets through a predetermined formula. Your spouse and children typically receive specific percentages, which may not match your wishes. If you have no spouse or children, assets go to parents, siblings, or more distant relatives. Without a will, you also lose the ability to name guardians for minor children or select your personal representative.
While DIY options exist, they often fail to address Florida-specific requirements or your unique situation. Common problems include improper witnessing, unclear language, or missing provisions. These mistakes frequently lead to family conflicts, unnecessary costs, and even invalidation of the will. The small investment in professional will preparation provides peace of mind that your wishes will be honored.
Review your will after major life events such as marriages, divorces, births, deaths, significant asset changes, or moves to a new state. Even without these events, we recommend reviewing your will every 3-5 years, as laws change and your wishes may evolve over time.
Despite the similar names, these documents serve different purposes. A will directs asset distribution after death, while a living will (part of an advance healthcare directive) outlines your medical treatment preferences if you become unable to communicate. Both documents are important parts of a complete estate plan.
In Florida, you can generally disinherit children and other relatives, but state law provides certain protections for spouses. These include homestead rights, elective share, family allowance, and exempt property. Our attorneys can explain these provisions and help you create a will that accurately reflects your wishes while complying with Florida law.
Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.