Are you looking for a wills lawyer in Orlando, FL?
At Magill Law Offices, we are trusted wills attorneys serving individuals and families throughout Orlando and the surrounding area.
If you want to decide who inherits your property and who will raise your children after your death, a valid will is the document that records those choices. Our Orlando, FL wills lawyer at Magill Law Offices drafts wills that reflect your intentions and hold up under Florida law.
The firm has guided Central Florida families through estate planning since 1977, and Robert T. Magill leads that work today. We offer free consultations to review your situation and explain which documents your circumstances call for.
Wills Lawyer Orlando, FL
A will is a legal document that directs how your property is distributed after death and names a personal representative to carry out those instructions. It also lets a parent nominate a guardian for a minor child, one reason a will is a cornerstone of planning for young families.
Orange County holds 614,386 housing units, according to Census Bureau data, and for most residents the home is the largest asset a will has to address. Florida law places specific limits on how a homestead can be left when a spouse or minor child survives, so a will prepared without regard for those rules can fail to do what its author intended. When someone dies without a will, Florida’s intestate succession rules decide who inherits, and the result often surprises the surviving family. Our Orlando wills lawyer prepares each document with those outcomes in mind, so your plan directs your property instead of a default statutory formula.
Types of Wills Cases We Handle in Orlando
A will can take several forms depending on your assets, your family, and how the rest of your plan is built. These are the will-related services our Orlando wills attorneys handle most often for local clients.
- Simple wills. A straightforward will sends your property to named beneficiaries and appoints a personal representative to settle your affairs. For many people with uncomplicated finances, this single document covers what they need. It also revokes any earlier will, which keeps an outdated version from causing confusion later.
- Wills with testamentary trusts. Some wills create a trust that takes effect at death, often to hold assets for young children or for a beneficiary who should not receive a lump sum. We draft the trust terms so funds are managed and released on the schedule you set.
- Pour-over wills. A pour-over will works alongside a living trust and directs any property still in your name at death into that trust. It acts as a safety net so nothing is left outside your plan.
- Guardian designations. A will is one of the ways a parent can name the person who would raise their minor children, along with a Florida preneed guardian declaration. Naming a guardian, and an alternate, gives the court a clear statement of your wishes.
- Codicils and will updates. Life changes, and a will should change with it. We prepare codicils and revised wills after marriages, divorces, births, and meaningful changes in what you own.
- Contested wills. When the validity of a will is questioned, the dispute is decided in probate court. We advise clients on the grounds that support or defend a challenge, from questions of mental capacity to claims of undue influence. Whether you are defending a loved one’s will or raising a concern about one, our Orlando wills attorneys explain the process and the deadlines that apply.
Why Choose Magill Law Offices as my Wills Lawyer in Orlando, FL?
Deep Roots in Orange County
Robert T. Magill is the owner and principal attorney of Magill Law Offices, the firm his father, Patrick Magill, founded in 1977. The practice has served Central Florida families for 49 years. Robert earned his undergraduate degree from the University of Central Florida and his law degree from Florida A&M University College of Law, and The Florida Bar admitted him in 2008. He later returned to the University of Central Florida as an adjunct professor teaching estate planning, and he belongs to the Orange County Bar Association and the Real Property, Probate and Trust Law Section of The Florida Bar.
A Will That Fits the Whole Plan
A will rarely stands alone. It works with trusts, beneficiary designations, and powers of attorney, and it is eventually read by the same probate court that reviews the rest of an estate. Because our practice covers planning and administration alike, we draft wills with a clear view of how they are tested later. A broader perspective like this is what you want from an estate planning lawyer in Orlando, FL. Wills are generally handled on a flat-fee basis, and we review the cost with you during a free consultation before any work begins.
Understanding Wills
Key Estate Planning Documents and What They Do
A will is one document among several that make up an estate plan. For some Florida families, we advise on when a living trust does more than a will alone, and for others a will is exactly enough.
- A last will and testament directs how your probate property passes and names your personal representative and any guardians.
- A pour-over will moves stray assets into a living trust at death so they follow the trust’s terms.
- A codicil is a signed amendment to an existing will, used for changes that do not call for a full rewrite.
- A self-proving affidavit is a sworn statement signed with your witnesses so the court can accept the will without tracking them down later.
- Beneficiary designations and joint ownership pass outside the will, which is why a plan has to account for them so the two do not conflict.
What Are Important Aspects of a Wills Case?
A handful of requirements decide whether a will actually works when it is needed. We give each of them attention before you sign.
- The will must be properly executed, which in Florida means it is in writing and signed by you and two witnesses, each in the presence of the others.
- You must have testamentary capacity, understanding what you own and who your natural heirs are at the time you sign.
- Your personal representative should be both eligible and willing, because Florida restricts who may serve.
- Parents of minor children should name a guardian and an alternate.
- The signed original must be kept where it can be found, because a will no one can locate creates delay, so safekeeping is part of the work.
What Is The Wills Case Timeline?
Preparing a will is not a drawn-out process. Most plans move through a predictable sequence.
- An initial consultation to review your assets, your family, and your goals.
- A draft prepared for your review, usually within a couple of weeks.
- Revisions until the language reflects your intentions.
- A signing appointment with the required witnesses and a notary.
- Safekeeping of the original and a schedule for future reviews.
Most wills are ready to sign within a few weeks of the first meeting, although larger or blended estates take longer. After death, the will is filed with the clerk and administered through probate, a separate court process our firm also handles.
What Should You Bring to Your Wills Consultation?
Bringing a few details to the first meeting lets our Orlando wills lawyer give you concrete guidance rather than generalities.
- A rough list of what you own, including real estate, accounts, and any business interests.
- The names of the people you want to inherit, and in what shares.
- Your choice of personal representative, plus a guardian if you have minor children.
- Any existing will, trust, or power of attorney you have signed before.
The initial consultation places you under no obligation to proceed. We will tell you which documents your situation calls for and what the work involves before you decide anything.
Orange County Probate Court and Local Resources
A will is drafted privately, but it is proved in public. In Orange County, the will is admitted and estates are administered in the Ninth Judicial Circuit, and a few local offices handle the records a will eventually touches. The offices below are provided for reference only, and Magill Law Offices has no affiliation with them.
- Ninth Judicial Circuit Probate, Guardianship and Mental Health Court, which admits wills to probate and oversees the settlement of estates in Orange and Osceola counties.
- Orange County Clerk of Courts, Wills for Safekeeping, where you can deposit your original will during your lifetime so it can be found when it is needed.
- The Florida Bar Consumer Pamphlet, Probate in Florida, a plain-language guide to how an estate is settled after a will is filed.
Reach Out to Magill Law Offices to Schedule a Consultation
A will is one of the more straightforward documents to put in place, and it is one of the most consequential. Our Orlando wills attorney will review your situation, explain how Florida law treats each choice, and prepare documents that carry out your wishes. Consultations are free, and we respond to new inquiries promptly. Contact us to schedule a time that works for you.
