Legal Question in Wills and Trusts in Florida

My brother lived in Florida and passed away in New York. His will was made up in New York. My father died in May and my brother died in September of this year. My brother's will was made up in April and my father, my brother nor I are in the will. The will is in probate in Palm Beach County. I want to make sure it is a valid will in Florida. How would I go about that? Thank you.

Asked on 12/20/11, 5:37 am

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

If your brother lived in New York and passed away in New York - then New York needs to probate his will. If your brother established a resident here in Florida and claimed homestead, then you can file the Will under ancillary proceedings. Not sure what the question is about your dad but if he lived in Florida and died in florida then his will must be probated in Florida. Most wills are on record in the county of where the person resided. You can check to see if it was filed. If there were no assets, then the will may not have been filed and you would have to force whoever had the will to come forward.

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Answered on 12/20/11, 6:20 am

Assuming your brother is a Florida resident, a Will is valid in Florida if the out of state Will complies with Florida's Will requirements. Generally that there are 2 witnesses, they all sign at the end, and that they have witnessed each other's signature.

As to not including other family members in the Will, that is possible to do. To find out more about different family members rights, you need to have the matter fully reviewed with an attorney.

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Answered on 12/20/11, 6:31 am

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