Legal Question in Wills and Trusts in Florida

My uncle has passed and my dad is suppose to get everything. We have a handwritten will that is notarized but not witnessed. There is no issue within the family. We are all aware my uncle wanted everything to go to my dad. I am being asked for a small estate affidavit. How do I go about doing this? (Florida) Also the house my dad and uncle lived in is in my uncle's name but my dad still lives there and needs to have the house put in his name. How do we do this?


Asked on 10/15/10, 9:05 am

3 Answers from Attorneys

Latangie Williams Law Office of Latangie Williams, P.A.

You will need to have the estate probated to obtain a small estate affidavit/letters issued to you.

For assistance with this matter, please contact me at 1-800-408-5818.

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Answered on 10/20/10, 9:19 am

The Will you are talking about is a holographic Will and is invalid in Florida. Now with the help of other potential beneficiaries, we may be able to get where your uncle wanted it to be. In either case, probate will be required to complete any of what you are asking for.

If I can be of further assistance, please call me at 888-475-1732.

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Answered on 10/20/10, 10:41 am
Marc J. Soss Marc J. Soss, Esquire

The document you are alleging is a "Will" is not valid in Florida. You will need to retain a probate attorney to assist you with this matter.

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Answered on 10/21/10, 11:02 am


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