we are in the state of florida and the wife is now denying me what my dad will to me.is that will still effective although it was not sign?he had no children with his present wife
An unsigned Will is not effective in Florida and most other states. Whether you might have other rights or not depends on facts not mentioned in your summary.
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5 lawyers agree
Estate Planning Attorney
No. The will is not valid in Florida or (most likely) any other state. If he had the opportunity to make the will, what prevented him from signing it and having it witnessed?
Carol Johnson Law Firm, P.A. : (727) 647-6645 : firstname.lastname@example.org : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.
4 lawyers agree
Estate Planning Attorney
An unsigned will is not valid. Anything your dad and his new wife owned together belongs to her regardless of a Will. If a probate is opened, you will have the right to inherit from his estate. If there is not a need for a probate, I suggest trying to work things out with your dad's wife.
This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. www.ferraezlucas.com The information provided is for educational purposes and not intended to provide legal advice or to create an attorney client relationship. Please contact me at email@example.com or call my office should you like to discuss your Florida legal matter further. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
Construction / Development Lawyer
This will is not valid in Florida. Did you father have a prior will? If so, that will likely remains in effect. If not, you father died intestate (without a will), your stepmom gets half of your father's estate. There can be a lot of nuance here. You should speak with an attorney to review you specific situation.