Legal Question in Wills and Trusts in Florida

After an argument my mother wrote a note stating I wouldn't be included in the will where I was originally. Note was not witnessed but was signed. She died and relatives are honoring the note. Is the note val;id?

Asked on 8/01/17, 6:56 am

3 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

Hi. The note is not valid. To Be valid, it would have to be properly signed, witnessed and notarized in accordance with Florida statutes. Since the note was only signed, it is not valid and only the will is valid.

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Answered on 8/01/17, 7:02 am

Barry Stein De Cardenas, Freixas, Stein & Zachary

The will trumps the note. Is there a will? That would be the document that matters.

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Answered on 8/01/17, 7:36 am

The note is not valid. If you are included in the will, and the will was validly executed, then the Personal Representative needs to include you as a beneficiary under the will. Your mother would have had to validly execute a subsequent will or codicil (change to the will), which needs to be executed in the same manner as a will. I strongly encourage you to consult with a probate attorney in order to preserve your rights.

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Answered on 8/01/17, 3:30 pm

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