Legal Question in Wills and Trusts in Florida

Re: Is it possible to contest this?

He can contest. Whether he will be successful is another matter. If the will is not self executing the witesses will need to be located. The will must be submitted to the court for probate.

Re: Is it possible to contest this?

Based on the facts presented, he can contest the will. The will must be probated for the process to begin.

Re: Is it possible to contest this?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You must understand that any will can be contested. Generally, most are not contested due to the high cost and low chances of mounting a valid challenge.

Based on what you said, you will probably not have to locate the notary or the witnesses if the Will was properly executed. It sounds as if it was self proving. If you did, with today's technology, it is usually a simple matter to locate people with very little effort. Most attorney's have access to databases which can locate most people within minutes.

I strongly suggest that you meet with a qualified probate attorney to discuss this matter and begin the probate of the Will. Chances are it will move smoothly without any problems.

Scott R. Jay, Esq., 305-249-8000