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This is about a will

Saint Petersburg, FL |

mom had 3 wills 2007, 2003 , 1993 well the 2007 got thrown out because not enough people witnessed the signing, so husband throws out the 1993 will the next day which they would have only been married for 1 year. I thought when you made a new will the old one must be thrown out

Attorney Answers 4

Posted

When a new and valid will is drafted, it should, by reference, replace the earlier will. What you are describing is precisely what happens when a will is drafted and executed without the assistance of a knowledgeable attorney. Has your mother passed away? If so, I am very sorry for your loss. Unfortunately, the validity of the 2003 will is also suspect, even if properly executed, since it may not accurately reflect her last wishes and was intended to be superseded by the later will. Please, see a wills and probate attorney if there is any question as to what the options are at this point.

Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : 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.

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Posted

You need to review the terms of the existing will documents to determine if they revoked the prior wills. Consult with a probate attorney to review the will documents for an understanding of their effect. If the wills are not given effect, then the estate will pass pursuant to the laws of intestate succession.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con

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4 comments

James P. Frederick

James P. Frederick

Posted

I have never seen a Will that does not revoke all prior Wills. The real question is whether the earlier Will can then be revived. My guess is that you would be correct and the estate would pass by intestate law.

Eric Jerome Gold

Eric Jerome Gold

Posted

I have never seen it either, but I don't practice in Florida.

James P. Frederick

James P. Frederick

Posted

Florida is a very nice SANE state. ;-) They do things in a predictable and reasonable manner. (Presidential elections notwithstanding...)

Eric Jerome Gold

Eric Jerome Gold

Posted

Understood. I'll keep that in mind. As always, I appreciate the input.

Posted

Hard to understand what you mean in your message. The 2007 got thrown out? By the Court? If all the others are originals and before the Court then the 2003 should apply. You then say the husband throws out the 1993 will? What does that mean? He threw it out after her death or before? Seek help with all the pertinent facts from a probate/estate attorney

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505

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2 comments

James P. Frederick

James P. Frederick

Posted

I respectfully disagree. The 2007 Will revoked the 2003 Will. Invalidating the 2007 Will would not serve to "re-validate" or revive the 2003 Will. This can be done in certain circumstances, but it is certainly not automatic. I believe that under these circumstances, the court might well rule that the decedent passed intestate.

Barry A. Stein

Barry A. Stein

Posted

I have seen both occur. On the facts given, everything is pretty much a guess.

Posted

It sounds as if your mother has passed. If so, I am sorry for your loss.
As the other attorneys have stated, you should contact a local estate attorney to assist with probate and determining whether or not remaining will is valid. Were the terms of the 2003 and 2007 will that different?
Worse case scenario, all wills are invalid and the estate passes via intestate succession. Both you and her current husband will inherit from her estate. See the link for the FL intestate statute.

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. 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 attorneyrauman@gmail.com or call my office, 727) 471-0039, 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.

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