Legal Question in Family Law in Connecticut
Will validation
My brother passed away here in Florida recently. He told me, other family members and friends here of his intentions which disagree with an old will written in Connecticut. The will was written in 1994 and influenced by the executor's advice. My brother was not in a rational state at the time. Someone said that in some states the executor cannot be the beneficiary. Could that be the case here? Written in Connecticut but activated in Florida? Can a will be made void if witnesses come forth to support his actual intentions before his death?
Thank you for your help.
2 Answers from Attorneys
Re: Will validation
Florida uses the term, "Personal Representative" for executor. The PR can be a beneficiary. The Last Will has a presumption of validity that is difficult to overcome and should be filed with the Clerk in the county of residence within 45 days of death. Also, if the will was not properly witnessed in Conn. (no self proving affidavit of witnesses), the will may have to be "proved" before the court will admit it to probate. You are advised to contact an attorney experienced in probate matters.
Re: Will validation
The personal representitive (executor) is able to receive as beneficiary, and frequently does.He is under an obligation to produce and submit the most current will for probate. Absent fraud,incapacity or other legal impediments to the making or exection of a will, the last will must be honored. Hire an attorney.
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