Legal Question in Wills and Trusts in Florida

I have a will that was prepared in the state of Ohio ten (10) years ago. My current residence is in the state of Florida. Is my original will recognized in the state of Florida or do I need to have a new will prepared. Also, my spouse now has mild

dimentia and I have medical papers to support this; does this have any bearing

on your response. Thank you (If it helps in your response, my will is simple; ie.,

we have four (4) children and want our estate divided equally between the four

and have already named one of our children as executor in our original will.

Asked on 4/09/13, 3:24 pm

1 Answer from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

If your will from Ohio was prepared and executed consistent with Florida law, there

should be issue regarding its legality. Important is whether the will was signed, notarized,

and witnessed, forming a self-proving affidavit, which avoids the necessity of proving

later the legal signing of the document as the original will.

If your wife is designated as personal representative (executor) in the will, her legal

capacity to serve as PR could be affected by serious dementia. Since one of your

children is designated executor, her mental condition has no effect. She can be a

beneficiary regardless of her circumstances, although if she becomes mentally

incapacitated, another person, through a DPOA or guardianship, would be responsible

for her interest in such property. If her dementia is expected to advance, you may want

to consider revising your will to address such possibilities, but it doesn't appear to be an

urgent matter.

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Answered on 4/09/13, 3:45 pm

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