Legal Question in Wills and Trusts in Florida

My mother in law, P, passed away recently. She had been living in Florida re-married to her ex-husband V, for the past 2 1/2 years. She was diagnosed with Alzheimer's shortly before she re-married. When she and her husband divorced in 2005, V had moved out of state and had lived with another woman for several years. This lady had ended their relationship and shortly after V was calling P and requesting to visit her. At the time of their divorce P's son, my husband, had moved P to be close to him so he could take care of her. She lived with us for several months, we helped her find a house close by, and she seemed very happy. In mid 2013 V came to visit (after his other relationship ended), and P abruptly decided to re-marry him and move with him out of state away from her son. This came as a shock to the rest of family as she had spent the previous 6 years telling anyone and everyone how much she despised her ex.

In her last will her entire estate was left to her husband, cutting out her children, and was not very specific. Her previous will had left everything to her children and was very specific as to who received which items. She had also named my husband as executor in her previous will and me as the back up. In the new will she names her eldest son, with whom she has been estranged for years, however V, at that time, still had a relationship with him. V had not spoken to my husband for several years, despite my husband's efforts to reach out to him.

Because V moved P out of state, and within less than a month had her get a Florida DL, married her and had her change her will, we are considering contesting the will and citing undue influence. I know with Alzheimer's it can be challenging as it depends on P's lucidity and state of mind at the time of the re-marriage and updated will. During the time P was living in Florida we received several phone calls from her, as did other family members, where she said she hated there and wanted to move back to where her son and I live. Her husband also had her townhouse sold and all her contents sold, but instructed us not to tell her, because it might upset her. We are just trying to gauge if it would be worth it to try and contest the will. Also, V is the husband of her two children, however he failed to notify anyone that she was near death, has since cancelled her funeral and refused to let her son's see her remains and has told them he never wants to see either of them again.


Asked on 4/19/16, 10:51 am

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

IF you continue to wait there will be nothing left to give. I suggest you immediately hire a probate attorney and contest the will. I would doubt that he has even probated her estate.

Read more
Answered on 4/19/16, 11:24 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida