Legal Question in Wills and Trusts in Florida

my father just passed away in fl. his wife is planning to redo her will (which negates his will leaving 2/3 of his estate to his two daughters) upon the immediate issuance of his death certificate. can she do that? also, his original will seems to be missing. she

Asked on 8/25/13, 5:49 pm

2 Answers from Attorneys

Dean Bress Bress Law Firm

Anyone can change his or her Will whenever that person wishes. Do you know whether there is a marital agreement that restricted her in any way? A copy of a Will can also be probated under certain circumstances. You need to discuss this with a lawyer who will help you resolve what could be a number of issues.

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Answered on 8/25/13, 6:15 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

Yes. If his will left all to her, then the assets are hers to do with as she pleases. If no will, then his assets pass by intestacy laws and you may have an interest in his Estate. There is a presumption that a missing will is a revoked will by Statute. Seek legal guidance.

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Answered on 8/26/13, 4:48 am

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