Wills & Estate Planning

At St. Johns Law Group, we understand how important it is to plan for the future and protect your loved ones. One of the most essential steps in doing so is creating a valid and enforceable last will and testament. Our experienced estate planning attorneys help clients across North Florida, including St. Augustine, Palm Coast, and Ponte Vedra ensure their final wishes are clearly stated and legally protected.

A well-drafted will offers peace of mind—not just for you, but also for your family. It minimizes the risk of disputes, reduces court involvement, and ensures your assets are distributed according to your intentions.

📄 What Is a Will?

A will is a legal document that outlines how your probate assets—such as real estate, personal property, and financial accounts—should be distributed after your death. It allows you to:

• Name your beneficiaries – those who will receive your property.

• Designate a personal representative (executor) to carry out your wishes.

• Appoint guardians for minor children.

• Include specific bequests of items or monetary gifts.

In Florida, a will must be in writing, signed by the testator, and witnessed by two people to be considered valid. If your will meets these requirements, it takes precedence over state intestate laws.

⚖️ What Happens If There Is No Will?

If you pass away without a will, you are considered to have died “intestate.” This means the state of Florida—not you—decides who inherits your assets based on a predefined legal formula.

Here’s a simplified breakdown of what happens under Florida’s intestate succession laws:

• If you’re married with no descendants → Your spouse inherits everything.

• If you’re married with shared descendants only → Your spouse still inherits everything.

• If you’re married with stepchildren (not descendants of the deceased) → Your spouse gets half, and your descendants share the other half.

• If unmarried with descendants → Your children or grandchildren inherit everything.

• If no spouse or descendants → Assets go to your parents, siblings, or more distant relatives.

This process often leads to family disputes and outcomes you may not have intended.

🏠 Special Considerations: Homestead & Exemptions

Florida law provides special protections for your homestead property, which can override standard intestate rules or even some provisions of a will. If your home was titled solely in your name:

• A surviving spouse may receive a life estate or may elect to receive 50% ownership.

• Your children may receive a remainder interest.

• Spouses also receive allowances and exemptions for personal property and family support, even outside the probate process.

Understanding these rules is crucial. Our attorneys can guide you through homestead laws, spousal rights, and asset protection to avoid unintended consequences.

✅ Why You Should Have a Will

Having a will is not just about legal formalities—it’s about control, clarity, and care for your family. Here’s why you should not delay:

• Avoid state-determined distribution of your estate.

• Minimize court delays and probate costs.

• Protect minor children by naming guardians.

• Prevent family disputes over sentimental or high-value items.

• Appoint someone you trust as executor to handle your estate.

• Make clear provisions for pets, charities, or special gifts.

We take the time to understand your values and goals. Whether your estate is modest or complex, we’ll help you build a custom plan.

📬 Contact Our St. Augustine Wills Attorneys Today

📧 Email: in**@********up.com
📞 Phone: (904) 495-0400

Secure your legacy and protect your loved ones with a professionally drafted will. Our team at St. Johns Law Group is here to answer your questions and guide you with care and precision.