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Wills drafted with care, experience, and attention to detail

At Berg Bryant Elder Law Group, we see every will as a reflection of a person’s story. For St. Augustine clients, we create documents that do more than divide assets. They protect loved ones from uncertainty and preserve what matters most. We walk you through each decision, from naming executors to outlining specific gifts, so your legacy is secure and your wishes unmistakable.

Creating a will might seem like a task for later, but for St. Augustine residents, having this essential document in place provides both protection for your loved ones and peace of mind for yourself. At Berg Bryant Elder Law Group, our St Augustine will attorney helps you create clear, legally sound documents that express your wishes and protect your family’s future.

A properly drafted will speaks for you when you no longer can.

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What is a Will and Why Do You Need One?

A will (formally called a “Last Will and Testament”) is a legal document that directs how your assets should be distributed after your death. It also names guardians for minor children and appoints the person who will manage your estate (called a “personal representative” in Florida).

In St. Augustine and throughout St. Johns County, having a valid will is crucial for several reasons:

  • It ensures your assets go to the people you choose
  • It names guardians for your children
  • It can minimize family disputes after your death
  • It speeds up the probate process at the St. Johns County Courthouse
  • It allows you to make special provisions for unique situations

Without a will, Florida’s intestacy laws determine who receives your property—a process that may not align with your wishes and can cause unnecessary stress for grieving family members.

Key Elements of a Properly Drafted Will in Florida

Florida has specific legal requirements for wills. Our St. Augustine will attorneys ensure your document includes all necessary elements and complies with state law.

For a will to be valid in St. Augustine and throughout Florida, it must:

  • Be in writing
  • Be signed by the testator (person making the will)
  • Be signed in the presence of two witnesses who also sign the will
  • Have witnesses who are both present at the same time when you sign

While Florida recognizes electronic wills under certain conditions, traditional paper wills remain the most common and reliable option.

What Your Will Should Include

A comprehensive will for a St. Augustine resident typically addresses:

Asset Distribution

This section details who receives specific assets, from your historic St. Augustine home to family heirlooms or financial accounts. You can make specific bequests (like giving your vacation home to a specific child) or divide assets by percentages.

Personal Representative Appointment

Your personal representative (executor) manages your estate through probate. This trusted person handles everything from filing court papers at the St. Johns County Courthouse to distributing assets. We help you choose someone reliable and detail alternate choices if your first choice is unable to serve.

Guardianship for Minor Children

For St. Augustine parents, naming guardians is perhaps the most important part of a will. This provision ensures your children will be raised by people you trust if tragedy strikes. We help parents consider practical aspects like whether proposed guardians live near your children’s schools and familiar surroundings.

Pet Care Provisions

Many St. Augustine families consider pets part of the family. Your will can include provisions for their care, including naming a caretaker and possibly setting aside funds for their needs.

Specific Instructions

From funeral wishes to special messages for loved ones, your will can include personal instructions that matter to you.

We ensure your will works seamlessly with other estate planning documents, including trusts, powers of attorney, and healthcare directives.

Areas Served

Duval County

  • Jacksonville
  • Atlantic Beach
  • Jacksonville Beach
  • Neptune Beach
  • Baldwin

Clay County

  • Green Cove Springs
  • Orange Park
  • Middleburg
  • Lakeside
  • Fleming Island
  • Oakleaf Plantation
  • Bellair-Meadowbrook Terrace
  • Keystone Heights
  • Penney Farms

St. Johns County

  • St. Augustine
  • Hastings
  • Vilano Beach
  • St. Augustine Beach
  • Ponte Vedra / Ponte Vedra Beach
  • Fruit Cove
  • Palm Valley
  • Nocatee
  • World Golf Village
  • St. Augustine Shores
  • St. Augustine South
  • Sawgrass

Common Will Options for St. Augustine Residents

Our St. Augustine will attorneys help clients create various types of wills based on their needs:

Simple Wills

Straightforward wills work well for many St. Augustine residents with uncomplicated estates. These documents cover basic provisions while meeting all legal requirements.

Pour-Over Wills

These wills work in conjunction with trusts, directing that any assets not already in your trust “pour over” into it at your death. Many St. Augustine families use this approach to ensure complete asset protection.

Testamentary Trust Wills

These wills create trusts that take effect after your death. They’re useful for managing inheritances for minor children, beneficiaries with special needs, or in situations where you want to control asset distribution over time.

Joint Wills and Mutual Wills

While less common today, some married couples choose these options.

Our attorneys explain the advantages and limitations of each approach for St. Augustine families.

When to Update Your Will

Life changes, and your will should change with it. St. Augustine residents should review and possibly update their wills after:

  • Marriage, divorce, or remarriage
  • Birth or adoption of children or grandchildren
  • Death of a named beneficiary or executor
  • Significant changes in financial circumstances
  • Purchase or sale of major assets, like a home
  • Moving to Florida from another state
  • Changes in tax laws

Many of our clients at Berg Bryant Elder Law Group review their wills every 3-5 years to ensure they remain current with both personal circumstances and Florida law.

Preventing and Handling Will Contests

Will contests can delay probate and create family conflict. Our St. Augustine will attorneys help prevent challenges by:

  • Ensuring proper will execution with appropriate witnesses
  • Documenting mental capacity at signing
  • Addressing potential conflicts within the document
  • Explaining your reasoning for potentially controversial decisions

If a will contest does arise, we can represent your personal representative in St. Johns County Probate Court proceedings.

Jacksonville Office (Main)
Orange Park Office
St. Augustine Office

Creating Peace of Mind for Your Family

At Berg Bryant Elder Law Group, we understand that creating a will is about more than legal documents—it’s about caring for your loved ones and preserving your legacy.

Our St. Augustine will attorneys work closely with you to develop clear, comprehensive documents that express your wishes and protect your family. Don’t leave your family’s future to chance. Contact our St. Augustine will attorneys today to schedule a consultation and take the first step toward creating this essential legal protection.

Frequently Asked Questions

What happens if I die without a will in Florida?

property. According to Florida Statutes §732.101-732.111, assets typically pass first to your spouse and children, then to other relatives in a specific order. This may not match your wishes, especially in blended families.

Can I handwrite my will in Florida?

Florida does not recognize handwritten (holographic) wills unless they meet all formal requirements, including being properly witnessed. Unlike some states, simply writing out your wishes and signing them isn’t legally binding in Florida.

Who should I name as my personal representative?

Choose someone who is trustworthy, organized, and capable of handling financial matters. Florida law requires that non-family personal representatives be Florida residents, with some exceptions for close relatives.

Does a will avoid probate in Florida?

No, assets that pass through a will still go through probate. However, a properly drafted will simplifies the process and reduces costs.

How do I revoke or change my existing will?

You can revoke a will by physically destroying it, creating a new will that explicitly revokes the old one, or executing a codicil (amendment).

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.

Jacksonville Office (Main)
  • 7545 Centurion Parkway, Suite 108
    Jacksonville, FL 32256
    Monday-Friday: 8:30 AM - 5:00 PM
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Orange Park Office
  • 1929 Park Avenue
    Orange Park, FL 32073
    Monday-Friday: 8:30 AM - 5:00 PM
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St. Augustine Office
  • 145 Land Grant Ste 6
    St. Augustine, FL 32092
    Monday-Friday: 8:30 AM - 5:00 PM
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