Legal Question in Wills and Trusts in Florida

I have five older siblings, and my ailing elderly mother is reluctant to handle any affairs (will, POAs, etc.) for reasons unknown to us. The only assets in the "estate" are the homestead (worth less than $175,000 I'd guess) and an old vehicle that holds no real value. There is an old will from 1978 that indicates the two youngest children would go to live with the oldest sibling out of state upon the demise of both parents. With no new will, would there be a chance to be able to use the will from 1978, or would the "estate" go to probate? Thank you.

Asked on 7/22/19, 6:48 pm

1 Answer from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

An old will does not expire and there is no reason disclosed that it would not be valid. The estate will go to probate, though.

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Answered on 7/22/19, 6:51 pm

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