Legal Question in Wills and Trusts in Florida
my brother had a will (in fla) but was recently married out of the country. He
died suddenly. what is the status of the will, how does probate play a role- if not contested-or if contested
3 Answers from Attorneys
To provide specific legal advice in the described situation, details are required: property owned by your brother which would cause filing in probate; named beneficiaries; location of any real property owned only in the name of your brother; special provisions, etc. Probate may or may not be necessary if not contested. Consultation with an experienced attorney after review of the relevant documents is advised.
A spouse cannot be disinherited in Florida. The will must go to probate.
Did your brother give up his residency requirement in Florida? Did he get married out of the country as part of the package to get married? Was he living in a foreign country? Need a whole lot more info.
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