Legal Question in Wills and Trusts in Florida
My husband has a legal will leaving his estate to his brothers and sisters. After we were married three years ago he wrote a simple will on a piece of paper at my request and had his signature notarized saying he leaves everything to me and any previous will is now void.
We were traveling so I folded up the paper, put it in my wallet and then later accidently used it for scrap paper taking a phone message. When I unfolded he paper the message was scribbled on the front of the will. : O I was told to simply put a line though the extras words and numbers I scribble on it, but after I did that, it bothered me how messy it looked so I cut off the bottom half of the paper as most of it was below the statement and seal. The cut looks ironically like a smile, but everything he wrote and the notarized seal is still intact.
His estate is worth a few million and he tells me its okay the way it is. I just want to make sure it is valid and legal . I don't want to find out when it is too late that it is no longer valid because I cut the paper in half.
Am I okay with what I have now or should I insist he create an other will?
2 Answers from Attorneys
1. He could not eliminate your interest in his Estate by simply leaving it to his brothers and sisters. You have an entitlement to an elective share even if he tried to write you out.
2. Without seeing the "will" that has been hacked up there is no way to know if it will suffice. A will must meet certain formalities under Florida law. It must have two witnesses and be notarized and must properly identify the property being transferred.
3. His Estate is sufficient and significant enough to justify having an attorney review the Estate plan to make sure that it accomplishes what you both want. INSIST that he go with you to an attorney to review the paperwork. The costs expended now will save you from the horror of not getting the property as you expect.
4. Please seek legal counsel. This forum is not sufficient to properly answer your inquiry.
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