Legal Question in Wills and Trusts in Florida

Re: Contesting will

FACTS: My Aunt, who lives in Tn. but whose will is registered in Fl has left 3 nephews out of her will. She has included 5 neices and 1 nephew who is a co-executor along with one of the neices. The aunt is senile. The one executor nephew refuses to acknowledge that a will exists or where it is located. He does have a general power of attorney to handle the Aunt's affairs. The Aunt is still living. My sister, one of the neices, told me in front of her husband that she would divide her share equally with me if I am not included in the will.

Q: Is there a way for the 3 nephews to contest the will for inclusion as beneficiaries with equal standing? Is there a way to determine from the will why the 3 were left out? Is my sister's promise to share enforceable?

A: I've never heard of registering a will before someone dies, at least in Fla. Next, your Aunt may dispose of her property as she sees fit and doesn't have to leave it to any relative. If she was unduely influenced in drafting the will, then the court could set it aside and the property would pass intestate to her closest heirs/lineal descendants. Your sister's promise to share is not an enforceable contract unless there is some consideration for the promise.

William W. Fernandez

William W. Fernandez, Attorney at Law

250 Panama Road East