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Home >> You Can’t Rely on a Digital Will in Florida

You Can’t Rely on a Digital Will in Florida

September 27, 2013 by Robert Kulas. Leave a Comment

digital will in floridaAll good estate plans in Florida have last wills and testaments, but a digital will is not something you can use. Digital wills, sometimes known as electronic wills, seem like a natural fit in today’s world of computers, tablets, and e-readers, but though the world of technology has moved ahead rapidly, the laws that apply to wills move much more slowly. If you created a last will and testament solely on your computer, you can’t rely on it because Florida law does not recognize it as a valid last will and testament. Here is what you need to know about digital wills and the role they can play in your estate plan.

Digital Will in Florida

There are only two states that currently recognize the validity of a digital will, but Florida is not one of them. Nevada legislators adopted a law several years ago that allows people in that state to create a digital will entirely on their computer. One other state, Ohio, allows for digital wills because a court has ruled that as long as a digital will meet the elements required under Ohio law, it too can be valid.

Regardless, everyone in Florida who wants to create a will have to go beyond their computers.

Your Will

Creating a last will and testament in the state of Florida is not difficult. If you have created a digital document or a digital will, this can be a very good place to start. Through your last will and testament you state your preferences about how you want to leave your property behind, who you want to serve as guardian of a minor child, and who you want to serve as the executor of your estate. You can write down all of these choices in whatever form you want, and then bring a printout of those choices to your attorney. Your attorney will then be able to create a will for you. Once you review that document you can then sign it and do so in the presence of two adult witnesses as required under Florida law.

Do-it-Yourself Wills

Computers have made it so easy to make documents nowadays that we don’t think twice about using them to create contracts, memorandums of agreement, and other legal documents. There are also many do-it-yourself companies that will tell you that you can make your own will on your computer.

Of course, you can make any document you want, but that doesn’t mean it’s a valid last will and testament. Using a do-it-yourself guide or template you find online is fine, but you absolutely need to run it by an experienced estate planning attorney in the state of Florida if you want to be sure your document is legally valid.

Filed Under: Wills and Trusts Tagged With: wills

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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

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Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family.

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

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Janice M
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

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Krissy L.
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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

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Leo C.
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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

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Joan C.
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We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

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