If you own property, have children, or have built real assets in Windermere, you need a valid will — not a form from the internet. At Pathway Law, P.A., we draft, review, and finalize Last Wills & Testaments that meet Florida’s legal requirements. We work with married couples, blended families, and real property owners. Most wills are completed in one or two meetings. Every step reflects Florida law — not a generic template.
A valid Last Will & Testament in Windermere must meet Florida’s signing rules. The person making the will must be at least 18 years old, of sound mind, and sign in front of two witnesses.
A notary is not required but strengthens the document.
Many Windermere homeowners come to us with a will they drafted online years ago. Some of those documents have problems that would void them in Orange County probate court.
Florida does not recognize handwritten wills. This catches many residents off guard — especially those who moved here from states that do allow them. If your will was written by hand and never properly witnessed, it will not hold up.
Other common problems include:
A review with our team takes less time than you might expect. We identify the gaps and fix them before they become your family’s problem.
Secure Your Legacy With Thoughtful Estate and Business Planning
Florida has three core requirements for a valid will. Miss any one of them and the document fails.
First, the person signing must be at least 18 and mentally competent at the time of signing. Second, the will must be signed in front of two witnesses who also sign the document. Third, both witnesses must be present when the testator signs — not just present in the building.
Orange County probate courts hold to these rules strictly. One missing step can void the entire document. For families in Isleworth or Lake Butler Sound with multiple properties and accounts at stake, that is not a risk worth taking. We walk every client through the signing process so nothing is left to chance.
A will can direct who receives your Windermere home. But a will alone almost always sends that property through probate first — which takes time, costs money, and becomes public record.
For parents with primary residences or investment properties in Windermere, there are tools that work alongside a will to move real property more efficiently. A Lady Bird deed, also called an enhanced life estate deed, lets you keep full control of the home during your lifetime while automatically transferring it to your children at death — outside of probate.
Property values here also make step-up basis rules worth understanding. When your children inherit appreciated property, a stepped-up cost basis can reduce or eliminate capital gains taxes if they sell. An estate planning attorney who understands both the estate plan and the tax picture helps you use these rules to your family’s advantage.
Not every asset you own will pass through your will. Many accounts transfer directly to a named beneficiary — no matter what your will says.”
Common non-probate assets include:
Residents near Bay Hill and Keene’s Pointe often hold assets across multiple account types — brokerage accounts, real estate, retirement funds, and business interests. If a beneficiary designation on a retirement account conflicts with the intent in your will, the beneficiary designation wins.
We review both your will and your non-probate accounts together. That is how you avoid a situation where the wrong person receives the wrong asset.
A will is the foundation of an estate plan — but it rarely does the full job on its own.
For married couples and blended families in Windermere, a will still requires probate. That process is public record in Florida. Anyone can look up what your estate was worth and who received it. A revocable living trust avoids that exposure entirely.
A durable power of attorney and healthcare directive fill gaps your will cannot cover. Your will only speaks after you die. If you are incapacitated, your family needs legal authority to act on your behalf right now — not in probate court months from now.
We help clients build a complete plan: will, trust where appropriate, power of attorney, and healthcare directive. Each document serves a different purpose, and together they protect you and your family at every stage.
A will written five years ago may not reflect your life today. Windermere families change — homes are purchased, children are born, marriages end, and assets grow.
Florida law automatically revokes certain will provisions after a divorce. Many residents do not know this. If your former spouse was named as executor or primary beneficiary, divorce does not automatically redirect those gifts to someone else — it revokes them. Without an updated will, those assets may pass to no one you intended.
We recommend reviewing your will after any major life event:
Updates are straightforward when handled proactively. We make it easy to stay current.
Florida law does not require an attorney to draft a will, but attorney-drafted wills are far more likely to survive probate. Florida’s witness rules are strict, and online forms rarely account for the specific property, family structure, or asset mix a Windermere client brings to the table. One error voids the document.
Florida’s intestacy laws decide who receives your assets — your wishes play no role. The state follows a fixed formula based on your family structure. Your assets may pass to relatives you would not have chosen, and the process still goes through probate court.
Yes — accounts with a named beneficiary or a payable-on-death (POD) designation transfer directly to your children outside the will and outside probate. Setting this up correctly is one of the simplest ways to protect your family.
Probably not. Real property is governed by the laws of the state where it sits. Out-of-state property often requires a separate ancillary probate proceeding in that state. We can help you plan for this before it becomes your family’s problem.
Review your will after any major life event. Florida law automatically revokes certain provisions after a divorce, and beneficiaries or executors who predecease you create gaps in your plan. A brief review every few years keeps everything current.
Survivorship clauses require a beneficiary to outlive the testator by a set number of days — often 28 — before they can inherit. This prevents assets from passing through two estates in rapid succession. We can customize this language in your will to fit your family’s situation.
It is not always easy to find the right attorney to handle your legal needs. That is why Pathway Law, P.A. offers the opportunity to speak with us for free about your legal needs.
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