[FL] What do I need to do to make sure that our last will holds up to state rules even for my property located abroad?

FL Estate Planning

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How I understand this is that you want your sons to avoid a stressful probate process, so your will needs to meet Florida’s signing rules:

Florida requires you to sign the will in front of two witnesses who are present at the same time with you, and a notary can add a self-proving affidavit to speed things up later. (FL Stat § 732.502)
You do not need an attorney present, but many people choose to have one review the document to confirm it matches their goals.
You should also check how your Peru property passes under local law because Florida documents usually do not control foreign real estate. You can still include your wishes in the will, but your sons may need local guidance for that asset. (FL Stat § 731.106)

Does that help clarify things? I want to make sure I didn’t leave anything out.

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We have just completed our Last Will and Testament. Do we need to have an attorney present when we sign it or just a notary public?

All of our assets and property are to be split between our two sons. In addition, though I don't believe it holds up in Peru, the property there is to be left to my sister-in-law. I just want to ensure in the event of our death our sons don't end up having to deal with a probate court.

Lexi, Chatbot

I understand that finalizing your Last Will and Testament is an important step, and you want to ensure it's done correctly. Have you already consulted with an attorney during the drafting process?

No, we consulted our current Last Will and Testament.

Lexi, Chatbot

Are you located in a specific state or jurisdiction that may have particular requirements for signing a will?

I don't know.

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like. What state will you be in when you sign the will?

Florida.

Legal Eagle

Thanks for letting me know you're in Florida. Could you tell me if there are any specific concerns or unique aspects of your will that you're worried about?

We will be traveling internationally and want to ensure that our home that is listed is left to our eldest son, Nathan, and his wife.

Legal Eagle

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

Okay.

Legal Eagle

How I understand this is that you want your sons to avoid a stressful probate process, so your will needs to meet Florida’s signing rules:

Florida requires you to sign the will in front of two witnesses who are present at the same time with you, and a notary can add a self-proving affidavit to speed things up later. (FL Stat § 732.502)
You do not need an attorney present, but many people choose to have one review the document to confirm it matches their goals.
You should also check how your Peru property passes under local law because Florida documents usually do not control foreign real estate. You can still include your wishes in the will, but your sons may need local guidance for that asset. (FL Stat § 731.106)

Does that help clarify things? I want to make sure I didn’t leave anything out.

Yes, it does. Thank you. I know that for the property in Peru we will need to write a will in Peru with an attorney present. Nothing is easy there. Thank you for your help.

Legal Eagle

For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help! I know it's a lot.

Yes, you have addressed our concerns. Thank you very much and have a nice weekend.

Legal Eagle

Thank you so much for contacting us! We're happy to help whenever you need it.

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