Fort Myers Will Attorney

Helping Clients Plan for the Future

Sometimes, when people are young and healthy, it's easy to think that they will never die. However, as we get older, it becomes increasingly clear that we will all eventually succumb to death. When the time comes to make plans for the future, it's important to have a will in place. A will is the legal document that allows you to decide how your assets will be distributed after you die. When you work with a will attorney in Fort Myers, you can be sure that your wishes will be respected and your loved ones will be taken care of.

At The Law Office of Kelly L. Fayer, P.A., we can help you create a will that meets your needs and protects your loved ones. Call our office at (239) 208-0189 or contact us online today to get started.

What Is a Will?

A will is a legal document that allows you to decide how your assets will be distributed after you die. A will is created through a will or a will and testament. A will is a document that only deals with the distribution of assets. A will and testament is a document that deals with the distribution of assets and the guardianship of minor children. A will and testament can also include provisions for trusts.

The key components of a will include:

• Your name, address, and date of birth
• The names and addresses of your spouse, children, and other dependents
• The names and addresses of your heirs
• Your assets and property
• Your guardian for your minor children
• The names of the executor or executors
• The trustee or trustees
• A statement that you are of sound mind and not under duress

Key Decisions to Make When Drafting a Florida Will

A well-written will does more than “say who gets what.” It anticipates real-life scenarios, reduces the chance of conflict, and makes it easier for your loved ones to carry out your wishes. When you work with The Law Office of Kelly L. Fayer, P.A., we help you think through the details that are often overlooked—so your plan is clear, complete, and built to hold up in Florida courts.

What your will should clearly address

• Who will serve as your Personal Representative (Executor) — and who will act as a backup if your first choice can’t serve.
• Guardianship for minor children — including an alternate guardian, plus practical considerations unique to your family.
• Specific gifts — family heirlooms, jewelry, firearms, tools, collections, or meaningful items you want to go to a particular person.
• “Residuary” distribution — who receives everything not specifically listed (often the largest part of the estate).
• Contingency planning — what happens if a beneficiary predeceases you, is a minor, or cannot be located.
• Pets and pet care — naming a caregiver and setting aside funds, when appropriate.
• Digital assets — guidance for online accounts, photos, and other digital property to reduce headaches for your family.

Florida signing requirements matter

Even a thoughtful plan can fail if it isn’t executed correctly. Florida has strict rules about signing and witnesses. We guide you through a proper signing so your will is enforceable and can be administered with fewer delays—helping your loved ones avoid unnecessary stress later.

When to revisit your will

Your will should evolve as life changes. It’s smart to review your plan after major events like marriage or divorce, a new child, a significant purchase, relocation, or changes in relationships or finances. Our Fort Myers office can help you update your documents so they continue to reflect your intentions.

Call The Law Office of Kelly L. Fayer, P.A. at (239) 208-0189 or contact us online to schedule an initial consultation.

What Is the Difference Between a Will and a Will and Testament?

The main difference between a will and a will and testament is that a will and testament includes provisions for the guardianship of minor children and trusts. A will and testament also includes provisions for trusts.

The main difference between a will and a will and testament is that a will and testament includes provisions for the guardianship of minor children and trusts. A will and testament also includes provisions for trusts.

How Long Does It Take to Make a Will?

When you work with a will attorney in Fort Myers, you can be sure that your wishes will be respected and your loved ones will be taken care of. However, it can take some time to create a will. The length of time it takes to make a will depends on the complexity of your assets. For example, if you have a large estate and own several businesses, it will take longer to create a will than if you have a small estate and only own a home. In general, it can take anywhere from a few days to a few weeks to create a will.

Why Is It Important to Make a Will?

Making a will is an important way to ensure that your wishes are respected and that your loved ones are taken care of after you die. However, it's not just about the distribution of your assets. Making a will can also help your loved ones avoid a costly and stressful legal battle over your assets. When you work with a will attorney in Fort Myers, you can be sure that your wishes will be respected and your loved ones will be taken care of.

What Happens in Florida If You Die Without a Will?

When someone passes away in Fort Myers without a valid will, Florida’s intestacy laws decide who inherits—no matter what the person may have wanted. That can create unexpected outcomes for blended families, unmarried partners, and anyone who intended to leave specific items or gifts to certain people. It can also increase stress and conflict for loved ones already dealing with a loss.

Having a properly drafted will gives you the opportunity to make your wishes clear and reduce uncertainty by addressing issues like:

• Who receives specific assets (family heirlooms, vehicles, personal property, and sentimental items)
• Who manages your estate (choosing a personal representative/executor you trust)
• Guardianship for minor children (naming who would care for them if needed)
• Planning for blended families (helping prevent accidental disinheritance or disputes)
• Charitable gifts (supporting causes that matter to you)
• Practical instructions (such as handling digital accounts or personal effects)

If you’re not sure whether your current documents reflect your life today—or you’ve never created a will—The Law Office of Kelly L. Fayer, P.A. can help you put a clear, legally sound plan in place and ensure your wishes are properly documented under Florida law.

Can I Change My Will After It Has Been Signed?

Yes. You can generally update your will as your circumstances and wishes change. Major life events, changes in your assets, or changes in your relationships may all be reasons to review your estate plan. Depending on the changes needed, an attorney may recommend creating an amendment or preparing a new will.

Can I Disinherit Someone in My Florida Will?

Florida law allows you to make decisions about who will receive your property, but certain legal restrictions can apply. For example, a surviving spouse may have rights to a portion of an estate regardless of what a will says. Because disinheritance can create disputes or legal challenges, it is important to have your intentions properly documented.

Does a Will Avoid Probate in Florida?

A will does not generally prevent probate. Instead, a will provides instructions for how your estate should be handled during the probate process. Some assets may pass outside probate through mechanisms such as beneficiary designations, joint ownership, or certain trusts. An estate planning attorney can help you understand which strategies may be appropriate for your circumstances.

Who Should I Name as Personal Representative of My Estate?

You should generally choose someone you trust who is capable of handling financial and administrative responsibilities. This could be a spouse, adult child, relative, friend, or another qualified person. Florida has specific requirements concerning who may serve as a personal representative, so your attorney can help you select an appropriate person and name an alternate if necessary.

Can I Include My Pets in My Florida Will?

A will can address your wishes for the care of your pets, including identifying a person you would like to care for them. However, pets are generally treated as property under Florida law, so additional planning may be appropriate if you want to provide funds for their ongoing care. A Florida estate planning attorney can discuss options for incorporating your wishes into your overall plan.

What Happens to My Debts When I Die?

A person's debts do not simply disappear when they die. Depending on the type of debt and the assets involved, creditors may have claims against the estate. The personal representative is responsible for administering the estate according to Florida law, including addressing valid creditor claims before distributing remaining assets to beneficiaries.

Can I Leave Specific Property to Certain People in My Will?

Yes. A will can include specific gifts directing particular property or assets to designated beneficiaries. This can be useful when you want a certain person to receive family heirlooms, jewelry, vehicles, collections, or other meaningful property. Your will should also address what happens if the property is no longer owned when you die.

Do I Need a Will If I Don't Have Many Assets?

Even people with modest estates can benefit from having a will. A will allows you to identify beneficiaries, nominate a personal representative, and make arrangements concerning minor children and other important matters. Creating a will can provide greater clarity for your loved ones and help ensure your estate is handled according to your wishes.

Should My Spouse and I Have Separate Wills?

Married couples generally have separate wills, even when they intend to leave most or all of their property to each other. Each spouse owns property individually and may have different wishes for how assets should be distributed. An attorney can review your circumstances and help coordinate both wills with the rest of your estate plan.

When Should I Talk to a Fort Myers Will Attorney?

It is generally beneficial to create a will before a major life event rather than waiting until one occurs. Marriage, divorce, having a child, acquiring significant property, starting a business, or experiencing changes in your family relationships can all be reasons to create or review a will. An attorney can help you establish a plan that reflects your current circumstances and can be updated as your needs change.

Comprehensive Florida Estate Planning Services With 25 Years of Experience

At The Law Office of Kelly L. Fayer, P.A., we are passionate about serving the estate planning needs of our Florida community. Our attorney has 25 years of experience and offers a comprehensive array of services, including assistance with wills, trusts, advanced directives and living wills, powers of attorney, incapacity planning, Medicaid planning, guardianships, trust administration, and more. 

We also regularly help families with matters of probate and are prepared to provide guidance to personal representatives who are not Florida residents. No matter your specific needs or the complexity of your situation, our firm can give you the attentive, compassionate, and personalized support you need to implement practical solutions, achieve your goals, and get peace of mind.

Contact The Law Office of Kelly L. Fayer, P.A. today to discuss your estate planning needs with an experienced Florida estate planning attorney and take the next step toward protecting your future and your loved ones.