Wills Need Witnesses

Once upon a time, Cinderella had two loving parents, her mother and her father.  Sadly, her mother died, so Cinderella got her dad to write a new will leaving everything to her, but she did not get it witnessed and guess what?  When Cinderella’s dad died, everything went to his new wife, Mrs. Wicked Stepmother. You can write a will on toilet paper, but you have to have it properly signed.  The most important thing about a will is to make sure it is executed properly.  In Florida, a will can be typed or handwritten, but in order for it to be valid, it must be signed in front of two witnesses who sign in the presence of each other.  (This rules out video or sound-recorded wills.)  A notary public can join in to make the will “Self-Proving,” meaning the validity of the witnesses should not be challenged when it is time to admit the will to probate. Where there is a will…I want to be in it!  A will lets you control how your assets are distributed once you assume room temperature, but depending on your circumstances, you may not need one. Seek competent legal counsel to discuss whether […] Read More

Does A Commercial Lease Have To Be Witnessed?

Commercial leases are usually for more than one year.  They are typically longer than residential leases because of build-out expenses (which you do not normally have with residential leases).  So, does a commercial lease have to be witnessed? Yes.  According to the Statute of Frauds, if an agreement is for more than one year it has to be witnessed…but it does not have to be notarized. You may want legal counsel to help ensure you get what you think you are getting in a contract, and also so that the agreement is properly executed and enforceable.   Read More