My dad re marry after my mom past away,he is now dead,but made a will before he died without getting the chance to sign it .

Asked over 1 year ago - Lake Mary, FL

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

Attorney answers (4)

  1. Adam Troy Rauman

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . 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... more
  2. Jed R Prest

    Contributor Level 12

    6

    Lawyers agree

    Answered . 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.

  3. Carol Anne Johnson

    Contributor Level 18

    4

    Lawyers agree

    Answered . 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 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate,... more
  4. James P. Frederick

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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