Legal Question in Wills and Trusts in Florida

Could my will be contested?

I have a very dysfunctional family. 10 years ago, I went on SS Disability for emotional problems. Since that time, I have been diagnosed with physical brain damage. I have not had the reason for disability offically changed to match this diagnosis. I will probably return to work this Spring. My gay lover (of 6 years) and I have some joint property and some individually owned property. If we write wills, leaving family hierlooms to family and the rest to one-another, can my family use my disability to successfully contest my will? My family consist of a widowed mother, an overbearring brother and a well-balanced sister.

Asked on 11/22/99, 10:59 am

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law
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How to Bullet-proof your Will.

Facts: I went on SS Disability for emotional problems. I have been diagnosed with physical brain damage. My lover of 6 years and I have some joint property and some individually owned property.

Q. If we write wills, leaving family hierlooms to family and the rest to one-another, can my family use my disability to successfully contest my will?

A. It all depends on the facts presented to the Judge. You can minimize the chances they might prevail by talking to them first; by video taping you execution of you wills and verbally explaining what you desire to happen. I would also recommend that you schedule a Doctors appointment just before you execute your wills and have the Doctor write a report about his opinion of your compentency to execute a will.

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11/23/99, 10:49 am

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