Legal Question in Wills and Trusts in Florida

If I have a will that was made in the US Virgin Islands do I need a new one in Florida?


Asked on 8/14/13, 10:21 am

2 Answers from Attorneys

Dean Bress Bress Law Firm

Generally speaking a Will made in accordance with the laws of the jurisdiction in which it is made (usually a state other than Florida), will be admitted to probate in Florida. But the Virgin Islands is not a state and off the cuff I don't have a good answer. My guess would be that it would be probate-able but you will need to speak with a FL attorney in any event if you are going to try to probate a Will in FL. Unless the FL law has changed, you will need an attorney to handle the probate. Lets see what others say; they may have a more accurate answer.

By the way, why was the Will made in the VI? Did the decedent reside in the VI, because if so, then the VI may be the place to probate the Will.

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Answered on 8/14/13, 10:36 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Florida Rules must be followed to have it admissible. It has to be witnessed by two witnesses and has to be notarized to be self proving. That said, there are specifics to Florida, like personal property distribution, that need to be in the Will to have them apply. Seek legal guidance locally and that way you will be sure.

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Answered on 8/14/13, 11:18 am


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