Category Archives: Wills

wills

Unwitnessed wills are not valid in Florida, even if the will is valid out of state.

As I’ve noted in the past, Florida prohibits “Holographic” wills; wills that are handwritten by the testator but fail to meet Florida requirements for execution, usually for failure to have two witnesses. A recent case, here: Lee v. Estate of … Continue reading

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How to disinherit someone.

I’ve discussed this before; but I think the point needs repeating. With the exception of a spouse, and minor children, Florida doesn’t place any limitations on who you can disinherit. The exception for spouses falls into two categories; under most … Continue reading

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Contracts to Make a will

Sometimes I am contacted by potential clients who are upset about how a will was drafted; and they want to challenge it on the basis that the person who died had made a promise at some point to leave a … Continue reading

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What You can do about a Will depends on where You are Standing.

There is a story in the news about a woman in Rhode Island who was trying to overturn her aunts’ will, here: Records Show Woman Gave Legion Of Christ $60 Million Over 20 Years Essentially, the niece alleges that a … Continue reading

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What do people fight about in probate? Part 3

Last time we looked at fights over personal representatives. Today we’re looking at fights over wills; whether a will is valid; whether a will should be admitted to probate and whether a copy of a will should be probated. I … Continue reading

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What do people fight about in probate? Part 2

Last time we looked at fights over “Stuff”. Normally those fights are fairly trivial, the dollar value of the items is minimal. This time we’re looking at fights over who can be Personal Representative, which is what Florida calls Executors. … Continue reading

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What do people fight about in probate? Part 1

You hear stories of horrible probates; people fighting over probates and how those fights can damage families. In my experience, most probates run pretty smoothly; usually everyone accepts that the person died, that the split of the property is going … Continue reading

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When spouses die

My most common question from potential clients is “my husband (or wife) died, what do I have to do?” As I’ve mentioned elsewhere, it is going to depend on how property is held and whether there is a will, and … Continue reading

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The Tangible Personal Property List- What happens to your “stuff” after you die

Florida allows the use of a ‘memorandum’ or ‘separate writing’ to leave ‘tangible personal property’ under a will. But, there are a couple of wrinkles. First, the will must refer to a written statement or list of property; most lawyer … Continue reading

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What to do when a loved one dies, Part 1

Last time we looked at what can be done when a loved one is dying; depending on the circumstances, it may range from simply waiting to doing some last minute estate planning. What do you need to do after a … Continue reading

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