Legal Question in Wills and Trusts in Florida

wills

I have a will for my deceased mom.

I am the power of attorney and I am sole beneficiary (her only son) listed in the will. Once I file the will, what if someone presents a newer one? The will is more than 4 years old


Asked on 3/13/08, 3:59 pm

1 Answer from Attorneys

Ronald Jones Ronald A. Jones, PA

Re: wills

Ok, first, the power of attorney is irrelevant. It only lasts so long as she is alive. Once she died, it's automatically revoked.

Second. You need to do a couple of things. File the will the the clerk of the court in the county in Florida in which she was a resident (where she lived). They'll want a death certificate to prove she's dead.

Second, you need to hire an attorney to get the will admitted to probate. Exactly what needs to be done depends on how the will was drafted and executed. It's called "proving the will". Then, if someone else has a later will, they need to get that admitted; to prove it. You would have an opportunity to contest a later will, depending on the grounds. Long story short is you should talk to a probate attorney in Florida, preferably in the county in which she lived. There's specific procedures that need to be followed.

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Answered on 3/13/08, 4:08 pm


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