Legal Question in Wills and Trusts in Florida

possible change of will

I am an only child. My parents have been together 44 years. Mom has left dad out of will, has spent his money while keeping her own, in her own name only, most debt in Dad's name, she has removed me from will and left bulk to non family, she has some form of dementia (undocumented with dr.s)

and other mental problems, can we contest the will so Dad can recoup some of what he lost, it is horrible that he is scrimping to make ends meet and there are thousands just lying there possibly going to no one in particular? I want Dad to have peace in his remaining years.


Asked on 3/12/08, 2:24 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: possible change of will

Since you cannot document her incapacity through medical records, there is nothing you can ndo now. When she passes away, you can contest her Will and try to have it invalidated. If you are successful, she will be deemed to have died "intestate" (without a Will) and your Dad and you will be protected by the intestacy laws. Perhaps Dad should consult some local professionals (doctors and lawyers) to see if he can do anything now. I do not know why he is allowing her to spend his money only, not requiring her to spend her own, but that is another story

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Answered on 3/12/08, 3:57 pm
David Slater David P. Slater, Esq.

Re: possible change of will

You cannot completely disinhereit a spouse in Florida.

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Answered on 3/12/08, 5:15 pm


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