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What is a “Self-proving” Affidavit and Who needs one?

willTo finalize your Will in Florida, you must sign your will in front of two witnesses, and your witnesses must sign your will.

In Florida, you do not need to notarize your will to make it legal.

However, the release of anything in your estate will be tied-up in probate to determine where you maintained your permanent residence (prior to death) and if you domiciled in Florida or some other state.

If your estate was never probated in the “home state,” then a representative must be appointed a to take the oath of at least one of the original witnesses to the will. In some cases, the persons who witnessed you sign your will may not be reachable, may have died or otherwise cannot be located, which can cause serious delays in the execution of your final wishes.

Click here to get more information on preparing your Last Will & Testament 

To avoid this, you can “self-prove” your will.

A Will is “Self-Proved” if there is an Affidavit attached to the Will which essentially says that the Will was signed by the testator in the presence of two witnesses and a notary public. This is referred to as a “Self-Proving Affidavit” with a notary seal/stamp towards the end of the Will.

If the Will is indeed “Self-Proved”, it should be admitted into probate administration without the necessity of any further proof. Neither the witnesses or the notary public need be located for further testimony or confirmation.

Notarize Prenuptial Agreements in Broward County 954-866-5056

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What is a Prenuptial Agreement?

A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may be included as well.

A prenup can protect you from the responsibility of your spouse’s debts prior to your marriage.  It can be tailored to serve as an outline of exactly how you and your spouse will handle financial issues. It can also determine how your assets and estates are passed on and declare ownership of property.

Here are just a few of the important benefits of a Prenuptial Agreement.

  • Acknowledgement of No Claims

  • Separate Property

  • Waiver of Rights in Property and Estate of the other

  • Earnings during the Marriage

  • Contributions and Accumulations in Retirement and Accounts

  • Separate Obligations/Debt

  • Income Taxes

  • Change of Circumstances

  • Effect of Children

  • Shared Property

  • Wills/Codicils or Other Transfer of Property

  • Disclosure

  • Fairness

  • Necessary Documents

  • Governing Law

  • Entire Understanding

  • Severability

  • Duplicates

  • Binding Effect

  • Effective Date

A Prenuptial Agreement can avoid potential arguments if you ever divorce.

We have standard prenuptial agreements ready to protect you and your fiances finances.  Call today 954-866-5056

How do I obtain a certified copy of my marriage certificate?

Broward county court sealA certified copy of any marriage license that has been issued by the Broward County Clerk of Courts from 1915 thru the present may be obtained in person at: 201 S.E. 6th Street, Room 270, Fort Lauderdale, Florida.

The office hours are 8:00 a.m. to 4:30 p.m. Monday through Friday.

As an added convenience, a certified copy of any marriage license that was issued by the Broward Clerk of the Courts from 1998 through the present may be obtained from one of the One Stop Satellite Locations in Plantation, Hollywood and Deerfield Beach, from the main courthouse located in Fort Lauderdale (Monday – Friday, 8:00 AM – 4:30 PM) or from the Rick Case Honda location (TUESDAYS ONLY, 8:00 AM – 4:30 PM).

The information required is:

  • The marriage license must have been obtained in Broward County
  • Name of both parties (spouse 1 and spouse 2) at the time of the application
  • Date of the marriage
  • For those years prior to 1972, if you need this for Social Security as proof of age, you must also request a copy of the application.
  • Costs of the copies are $5.00 for the first copy and $3.00 for each additional copy.

*Acceptable forms of payment:

  • Checks – Attorney Firm, Personal, Business, Cashiers and Travelers made payable to the Clerk of Courts (mail only)
  • Money Orders – U.S. and International (in person and by mail)
  • Credit Cards – MasterCard and Visa (in person only)

* The One Stop Division locations will accept cash, credit cards, and money orders only (Personal or Business checks are not accepted at One Stop locations). The Marriage Division, located at the main courthouse, will accept cash, credit cards or money orders.

You may obtain a copy through the mail by sending the necessary information to:

Marriage Division
201 S.E. 6th Street, Room 270
Fort Lauderdale, FL 33301

We request that you include a check made payable to the Clerk of Courts in the appropriate amount and a stamped self addressed business envelope. Please allow a minimum of two weeks for a response.

If you are looking for a Marriage Officiant or Justice of the Peace Click here

 

 

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broward county gay wedding officiateWe perform wedding ceremonies in Broward County, Florida.  Our Wedding Officiants have over 20 years experience in guiding couples as they celebrate their special day and take their vows to unite in matrimony.

We specialize in…

  • Large and Small Wedding Groups
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We come to your location anywhere in Broward County!

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