Meaning, the testator signed in front of witness A, and the testator brought the "will" will to witness B who then signed. Witness A and B never saw each other. An uninterested, non-beneficiary, attorney has direct knowledge of the purported will, saw it first hand, and is willing to submit an affidavit alleging that the will represents the testator's true intent.Sorry - I should add that I would like to submit the will, not contest it. Without this will, the probate will be intestate. I was hopping oaths from witnesses or the attorney with knowledge might help to prove it.
Unfortunately, the will is not valid in Florida. FL Statute 732.502 says: "Witnesses’ signatures.—The attesting witnesses must sign the will in the presence of the testator and in the presence of each other."
Although an affidavit is considered hearsay, it may be useful to preserve and lock-in recollections. You can contest the validity of the Will during the probate process. I suggest you hire an attorney to discuss the possibility of contesting the Will and the ramifications of the probate proceeding intestate or whether the theory of dependent relative revocation could apply to "revive" a previously revoked Will. Good luck.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
Mr. Tylman is correct, Florida Statute 732.502 (c) requires "The attesting witnesses must sign the will in the presence of the testator and in the presence of each other." A will that is not signed in accordance with this statute is not valid. You haven't gone into any real issues with this question; I would suggest you contact a probate attorney in the area to discuss the matter in detail to discuss the ramifications of the invalid will.
Contest the validity of the Will since it was not signed following the strict requirements of Florida law. Hiring an experienced probate litigation attorney would be wise since other problematic issues may exist that you may not be aware of.
Answers to questions on this site are not intended to be specific legal advice nor create an attorney-client relationship. Hiring an attorney is a very important process which requires a high degree of diligence as well as entering into an agreement regarding the services to be provided and the fees to be charged.
It would not be a valid will.
Best way to prove this is by deposition.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
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