Legal Question in Wills and Trusts in Florida

I have the following paragraph in my will:

I direct my executor hereinafter named to wait until my wife Leurie Hyson Roth Cromer aka Leurie Cromer has executed a waiver of her legal right to an “elective share” or until the period for such an election has expired, whichever comes first; and then said executor shall pay all mortgages attached to the property at 3834 NW 34th Place, Gainesville, FL 32606, if there are enough proceeds after paying claims, gifts, and costs of administration, If there are not enough proceeds after paying claims, gifts, and costs of administration, then the remaining funds shall be applied to the mortgages herein specified. This is specified planned to insure that the right to reside in the Real Property located at 3834 NW 34th Place, Gainesville FL, for as long as she is alive, herein devised to my wife Leurie Hyson Roth Cromer aka Leurie Cromer, does not become an onerous burden on her, due to payment of mortgage interest and other expense after my death. Accordingly, the remainderman is directed not to take any action which will increase that burden.

Will this pass probate review.

Asked on 8/27/13, 8:19 pm

1 Answer from Attorneys

Dean Bress Bress Law Firm
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Hi. Your question asks whether the Will will pass probate review. The answer is that if a writing meets the requirements for a Will it will be admitted to probate. But your question relates more to how will this writing be interpreted. If 34th place is homestead property in FL your spouse has rights irrespective of whether she elects to be paid her elective share. She will contact an attorney who will explain her rights to her at that time; she will act accordingly notwithstanding provisons in your Will.

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Answered on 8/29/13, 12:50 pm

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