Legal Question in Wills and Trusts in Florida

My brother died as a domicillary of Florida. He stated this in all his wills, took homestead exemption till he died, voted in Florida primary election 7 days before he died, had his drivers license from Florida & had all of his cars registered in Florida till death. Filed Florida on income taxes. His NY Attorney drafted these wills (a new one two & half months before he died stating Florida domicile. This NY Attorney also was the witness and notary on this last will> last will changed drastically towards me & my brother from will 4 months earlier). A month after he died his NY Attorney probated this will in NY stating in an affidavit that my brother moved back to NY the prior year. (not true) My brother died of brain tumor and was only given 6 months to live. Last will drafted 5 months into prognosis

I have petitioned the NY court about this and the Judge still wont rule on my petition. 1 year and $100,000.00 plus later> Attorney knows I have little money and sick since I went to do my will with this same Attorney years ago. My brother had no children and our parents are dead (No will was ever filed in Florida as of yet, but his death certificate was) almost 2 years since he died. Is it too late?.Can I still file a will in Florida on my own?


Asked on 9/28/10, 6:04 pm

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

I suggest you find a lawyer in NY to litigate this last will as being null and void. If the attorney is profitting from this last will, this could be considered undue influence.

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Answered on 10/04/10, 6:13 am

Interesting. It is possible.

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Answered on 10/04/10, 9:02 am


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