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Common Mistakes When Drafting a Florida Will


Deciding to create a Law Will and Testament could be one of the most important decisions you make. If you are going to go through the time and expense to prepare one, you want to make sure it’s right. Mistakes can result in problems when you pass away. That can also mean significant disputes between family members. When disputes arise during probate, your family may be forced to hire a Pompano Beach estate & trust litigation attorney.

At Mark R. Manceri, P.A., we have decades of experience representing clients for a wide variety of disputes over a family member’s Last Will and Testament. To reduce the risk of conflicts over your estate, make sure you don’t make some of the most common mistakes when drafting your will.

Failure to Work with an Estate Planning Attorney

Not working with a proper estate planning attorney is a huge mistake. Don’t opt for the do-it-yourself templates and retain an experienced attorney instead. Estate planning attorneys typically do not handle the same cases as an estate litigation attorney. An estate planning attorney helps you draft your will, set up a trust, and all other documents related to your estate plan. Estate litigation attorneys represent people who have legal disputes during probate, or there are concerns with a trust.

Not Updating Your Will

Creating your Last Will and Testament is a good start in the estate planning process, but you need to make sure you revisit it at some point. Circumstances change, and family dynamics may not be the same today as they were 20 years ago. If you got divorced ten years ago, but your entire estate goes to your ex-wife, that may cause significant disputes between family members. Or, a named heir in your will passed away several years prior. Please make a point to revisit your estate plan regularly to ensure it reflects your current wishes.

Using Vague Wording

Using vague language in your Will can also lead to problems. Be as specific as possible when you are leaving assets to someone in your Will. If you are leaving certain assets to someone, make sure there are background details and the address where these items are located. You don’t want to say something generic like household furniture. What if you have multiple homes?

It would be best if you also referred to beneficiaries by name. Don’t use a collective term like “my children.” That is especially important if you have an adopted child or a stepchild in the family. Vague terminology could mean you unintentionally left someone out. If you do plan to leave someone out of your Will your clearly set forth that it was done intentionally. Failure to do so significantly increases the chances of a dispute.

Contact a Florida Probate Litigation Attorney

If you need to challenge someone’s will in Florida, don’t wait to contact a Pompano Beach probate litigation attorney. Disputes can be costly and time-consuming if no action is taken. Contact Mark R. Manceri, P.A. today to schedule a consultation.


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