Wills

South Florida Wills Lawyer

A will is the single most important estate planning document most people will ever sign. It names who inherits assets, who manages the estate, who raises minor children, and who handles final affairs. Florida has specific rules about how a will must be executed, what can and cannot be devised, and how a will interacts with homestead, spousal rights, and other state-specific protections.

Our South Florida Wills lawyer drafts wills and codicils for individuals, couples, and families throughout Broward, Miami-Dade, and Palm Beach Counties. Whether you’re creating a first will, updating an outdated one, or reviewing a will drafted in another state, reach out to Loshak Law PLLC to discuss what your situation requires.

Why Choose Loshak Law PLLC for Wills in South Florida?

Wills are deceptively simple documents. A short instrument can lead to years of litigation if it is not drafted clearly, executed properly, or coordinated with the rest of the client’s planning. Our estate planning attorneys in South Florida focus on drafting wills that say what the client intends, meet Florida execution requirements, and work alongside the client’s other planning documents.

Local Legal Knowledge in South Florida

Our founder, Brandon F. Loshak, built the firm’s transactional practice to cover wills and estate planning alongside business law and real estate work. He is admitted to the Florida and Texas bars, earned his J.D. at St. Thomas University School of Law, and holds a finance degree from the University of Colorado at Boulder. Brandon carries the AV Preeminent rating from Martindale-Hubbell, the highest recognition for legal ability and ethical standards.

Evan C. Leach adds more than 13 years of practice in real estate, business law, asset protection, and complex litigation. A cum laude graduate of the University of Miami School of Law, Evan holds bar admissions in Florida and Massachusetts. His asset protection and litigation background informs how we draft wills to reduce the risk of later dispute.

Coordination With the Client’s Broader Plan

A will rarely stands alone. Revocable trusts, beneficiary designations, joint ownership, and retirement accounts all control who receives what, sometimes overriding what the will says. Our firm coordinates will drafting with the client’s estate and gift tax planning structures, trust litigation consideration, and future probate and estate administration needs. For clients with business interests, we coordinate with our business formation practice to make sure the will accounts for buy-sell agreements and ownership structures. For clients with Florida real estate, including homestead property, we coordinate with our residential real estate practice on homestead devise restrictions.

Transparent Fee Structure

Most will drafting engagements are handled on flat fees so clients know the legal cost up front. Will packages that include related documents (durable power of attorney, health care surrogate designation, pour-over will for use with a trust) are also typically quoted on flat fees. More complex planning involving testamentary trusts, closely held business interests, or multi-state issues may be handled hourly, with the budget discussed at the outset. Clients have worked with our office on matters involving millions of dollars in assets.

What Clients Say

★★★★★

“We recently used Brandon and his team to help with some business legal manners for our business in the Hollywood area and they were wonderful. Highly recommend the Loshak team for all your legal needs.” – Spring Reefer

Read more reviews on our Google Business Profile.

Types of Wills Cases We Handle in South Florida

Wills come in many forms, from a simple document for a single person with straightforward assets to a coordinated plan for a family with a business and properties in multiple states. The right approach depends on what the client owns, who they want to benefit, and how complex the family situation is.

• Simple wills for individuals. Single-person wills covering outright distribution, personal representative nomination, and guardian designation if the testator has minor children.
• Mirror wills for spouses. Matching wills for married couples that leave assets to each other first and then to children or other beneficiaries on the second death.
• Wills with testamentary trusts. Wills that create trusts at death for minor children, beneficiaries with special needs, or adult beneficiaries who would benefit from asset management or creditor protection.
• Pour-over wills. Simple wills designed to work with a revocable living trust, so that any assets not retitled into the trust during life are directed to the trust at death.
• Electronic wills. Florida permits electronic wills executed online with a qualified custodian under Part II of Chapter 732 of the Florida Statutes. We draft and supervise the execution of electronic wills where that format fits the client’s situation.
• Codicils. Amendments to existing wills that change specific provisions without rewriting the entire document. Useful for modest updates such as changing a personal representative or adding a specific bequest.
• Out-of-state will review for new Florida residents. Wills drafted in other states often need review or replacement after a client relocates to Florida, particularly where homestead, elective share, or execution formality issues come up.
• Guardian nominations for minor children. Wills that name a guardian of the person and a guardian of the property for minor children, coordinated with any applicable trust provisions for asset management.
• Will packages with incapacity documents. Wills drafted alongside durable powers of attorney, health care surrogate designations, living wills, and HIPAA authorizations so clients have documents in place for both lifetime incapacity and death.
• Will execution ceremonies. Supervised signings where the testator, two witnesses, and a notary execute the will and the self-proving affidavit in one sitting to satisfy Florida statutory formalities.
• Will reviews and updates. Periodic reviews for clients whose family, assets, or objectives have changed, with codicils or fresh wills prepared as appropriate.

Florida Legal Requirements for Wills

Florida law sets out specific requirements for a will to be valid, including who can make a will, how it must be executed, and how it can be revoked. Wills drafted outside Florida are generally recognized if they were valid where made, but certain Florida-specific restrictions still apply.

Execution requirements appear in § 732.502 of the Florida Statutes. A will must be in writing, signed by the testator at the end, and attested by at least two witnesses who sign in the presence of the testator and each other. The testator, witnesses, and notary are all typically present in the same room during execution. Codicils must be executed with the same formalities as wills.

A self-proving affidavit under § 732.503 is not required but is standard practice. The affidavit, signed by the testator and witnesses before a notary, allows the will to be admitted to probate without having to locate and obtain testimony from the witnesses at the time of death.

Revocation rules appear in § 732.506. A will may be revoked by a subsequent writing executed with the same formalities, by a physical act of destruction done by the testator or by someone at the testator’s direction and in the testator’s presence, with intent to revoke. Other life events, such as dissolution of marriage, can also have specific effects on will provisions.

Florida’s Electronic Wills Act authorizes electronic wills executed online before witnesses and an online notary under § 732.522 of the Florida Statutes. The electronic will is stored by a qualified custodian. Electronic wills are valid for most Florida residents, but certain vulnerable adult provisions and other requirements apply, so the online route is not appropriate in every case.

Homestead devise restrictions apply under § 732.4015 of the Florida Statutes and Article X, Section 4 of the Florida Constitution. A testator with a surviving spouse or minor child generally cannot devise Florida homestead property to anyone other than the spouse, with limited exceptions. Coordinating homestead with the will is important for homeowners with Florida residences.

Important Aspects of a South Florida Wills Case

Drafting a will that actually accomplishes the client’s goals and holds up against challenge involves more than picking up a form. A South Florida wills attorney works through the following components with every client.

Choice of Beneficiaries and Distribution Structure

Every will starts with who inherits what. Outright distributions, distributions in trust, per stirpes versus per capita distribution, and disinheritance decisions all need to be thought through. Contingent beneficiaries for the situation where a primary beneficiary predeceases the testator should be named at each level of the distribution plan.

Personal Representative and Successor Appointments

The personal representative administers the estate after death. Florida has specific eligibility rules under Chapter 733, including residency and qualification requirements. Naming a primary personal representative and successors, and giving thought to whether corporate fiduciaries are appropriate, comes up in every will drafting session.

Guardian Nominations for Minor Children

Parents of minor children name guardians in the will. Florida distinguishes between the guardian of the person (who raises the child) and the guardian of the property (who manages inherited assets), and a single will can name different people for each role. Testamentary trust provisions often pair with guardian nominations so that assets are managed by a trustee until the child reaches a designated age.

Execution Requirements and Self-Proving Affidavits

Florida’s execution requirements are strict. Two witnesses must be present in the testator’s presence and in each other’s presence, and the testator must sign at the end. A self-proving affidavit executed before a notary at the same sitting streamlines probate by eliminating the need for witness testimony later.

Coordinating Wills With Other Planning Documents

A will works alongside beneficiary designations, joint ownership, revocable trusts, and lifetime gift arrangements. Retirement accounts and life insurance typically pass by beneficiary designation regardless of what the will says, and joint assets with rights of survivorship pass outside the will entirely. Coordinating all of these so the overall plan works as intended is central to the drafting process.

Updating Wills After Life Changes

Wills should be reviewed after major life events: marriage, divorce, birth or adoption of children, death of a beneficiary, significant changes in wealth or assets, relocation to a new state, or changes in the named personal representative or guardian. Some events (like dissolution of marriage) have specific statutory effects on will provisions, but reviewing the entire document after any significant change is a better practice than relying on default rules.

Contact Loshak Law PLLC

If you’re drafting a first will, updating an outdated document, reviewing an out-of-state will after a move to Florida, or coordinating a will with a broader estate plan, early legal involvement helps build documents that actually accomplish what you intend. Our wills attorneys serve clients throughout Broward, Miami-Dade, and Palm Beach Counties from offices in Fort Lauderdale and Hollywood. Contact us to schedule a consultation. During that first conversation, we will review your situation, outline the documents your plan needs, and discuss fees openly. Put the experience of the attorneys at Loshak Law PLLC to work on your will.