Estate Planning

The Different Types of Wills In Florida

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What is a Last Will and Testament?

A Last Will and Testament is one of the most important estate planning documents that is included in your Horton Law Group, P.A. estate planning package. It provides a list of instructions to your Personal Representative as to whom you want your assets distributed, who you want to appoint to take care of your minor children (if any) and instructions as to what you want to happen to your remains.  If you are unsure if you need a Will, or if you have a Will and you are not sure if it is valid or if you want to amend it, please call the Horton Law Group, P.A. to schedule a free 30-minute consultation.

There are 8 main types of Wills:

  1. A Simple Will is an uncomplicated Will that designates whom you want your estate to go to, outright, when you pass.
  2. A Testamentary Trust Will is a little more complicated than a Simple Will. This type of Will funds your estate assets into your Trust. With this type of Will, you can place conditions on the inheritance, such as requiring a child or grandchild to earn a college degree in order to qualify for the inheritance. Or you can delay distributions in the event of a beneficiary’s drug or alcohol addiction.
  3. A Joint Will is a type of a Will is used for spouses who leave the entirety of their estate to the other upon the death of the first spouse. These types of Will are pretty much obsolete as individuals usually choose to create their own individual Wills. A Joint Will is disfavored because when the first spouse passes, the Will becomes irrevocable, meaning it cannot be changed.
  4. A Pour-Over Will is a Will that serves to “pour over” the entirety of your estate into your Revocable Living Trust.
  5. A Deathbed Will is exactly as it sounds. It is a Will that one creates, usually in the hospital when they are dying. These types of Wills are often challenged on the grounds that the decedent lacked mental capacity to execute his or her Will.
  6. An Online Will is highly disfavored. 9 times out of 10, when people buy Wills online and fill in the blanks and sign them without the presence or assistance of legal counsel, they are not valid because they do not comply with Florida law or because they are not executed in compliance with Florida law. Do NOT make this mistake.  Buying a $99 Will online may save you money on your estate plans, but it will cost your estate tens of thousands of dollars in litigation fees.
  7. A Holographic Will is a handwritten Will. Holographic Wills are valid in Florida. However, they present a myriad of problems and are disfavored. It is highly recommended that you retain an experienced estate planning attorney to prepare your estate plans.
  8. A Nuncupative Will are oral Wills. These types of Wills are not valid in Florida.

Why Hire the Horton Law Group, P.A to draft your estate plans?

The principal partner at the Horton Law Group, P.A., Attorney Sommer C. Horton, has been drafting quality estate plans for 20 years. She is also an experienced and aggressive estate litigator. She is highly regarded for her creativeness, strategic judgment and her uncanny ability to deliver persuasive legal arguments in the courtroom. She has a tremendous skill for being an aggressive advocate for her clients, while being one who understands and appreciates how trying litigation can be, thus, she is extremely sensitive to her clients’ needs.

Ms. Horton is passionate about the law and believes in seeking justice for her clients in an ethical and economic manner. Ms. Horton fights for each and every one of her clients – every step of the way. Ms. Horton will spend time with you to make sure you understand the law, understand your rights and she will draft your estate plans for you so that you and your family are protected. In addition, she can assist you with your business planning, estate planning and asset protection needs too.

The Horton Law Group, P.A. is a boutique civil litigation law firm that only takes on a limited number of cases so that personal attention can be given to every client. Make the right call – schedule a free 30-minute consultation with Ms. Horton. You can make an appointment by calling 561-299-0018 or emailing

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