Legal Question in Wills and Trusts in Florida

Re: Changing Will 2 1/2 weeks before he passed

Wills must be probated in the state where the decedent was domiciled at death (and also in any other state where he owned real property). In Florida a non-relative may not act as personal representative. As far as contesting the will, the protest would be based on "undue influence" or incompetency.

Re: Changing Will 2 1/2 weeks before he passed

OK, this is really complicated. But:

First, I don't know NY law, whether or not this is "normal" but if the will is being offered for probate in NY you need to hire a NY lawyer; one who specializes in probate litigation. In Florida this would at least smell of something called "undue influence". But you need to get someone who knows what they're doing in probate litigation; not a general lawyer and not even a general probate lawyer; but someone who knows probate litigation.

Second; where the will could be probated. It depends. Normally, you would probate a will in the state in which the person who died lived, in other words, if he lived in Florida and died in Florida NORMALLY you would expect that the will would be probated in Florida; BUT, it will also depend on where the various property is located. The very general rule is that things like bank accounts, stocks, CD's and financial stuff- what is technically called "intangible personal property" can be brought in any state where the person lived. But, with respect to REAL ESTATE, or real property, you HAVE to bring the probate in the state in which the person owned the real property; in other words, if he owned real property in Florida you have to bring the probate in Florida. If he also owned real property in NY, you need to bring a probate in NY, as well.

Now, IF he was a Florida resident, then frankly I don't know why they would offer the probate in NY, unless he also owned real estate there. Sooner or later, if he owned real estate in Florida, they're going to have to bring a probate in Florida; but the danger is, if the get the will admitted in NY and bring a probate in NY and then bring a probate later in Florida, the judge might decide that you should have litigated the legality of the will in NY. The point is, if you want to fight this, you should probably get a NY lawyer to fight this thing from the get go; and argue that probate should be brought in Florida.

I can't evaluate your chances of winning, but from what you describe you have at least a decent argument for undue influence and maybe getting the will thrown out in Florida; also if girlfriends daughter in NY resident then she's not going to be eligible to be Florida executor.

Depending on the facts, you might be better off offering the 'old' will in Florida for probate and letting girlfriend try to overturn it in favor of new will in Florida.

As I said, this is really quite complicated, ultimately I'd suggest you talk to a lawyer who is experienced in probate litigation; at least in Florida, and maybe NY, depending on what the facts are.

Re: Changing Will 2 1/2 weeks before he passed

In addition to undue influence, his testamentry capacity may be in issue.