Legal Question in Wills and Trusts in Florida
My father was a resident of FL for 25 years. In April, he was diagnosed with lung cancer and my brother was eager to move him to NJ. He finally convinced my father to come to NJ and moved there on July 27, 2010. On July 28, 2010 my father signed a will excluding my sister and I and also declared residency in the state of NJ. He still had a FL driver's license, an apartment and a vehicle registered in the state of FL at that time. My father died on 8/12/2010, 15 days after arriving in NJ. Does this will have to be contested in NJ? My sister and I feel this was a premeditated will by my brother and that my father was coerced.
2 Answers from Attorneys
Since he declared himself to be in NJ, probably in NJ. Since there is no way to know his conditions, it is impossible to know if he really wanted to be a NJ resident, or was capable of doing it. There are a lot of red flags.
Once the Will is stricken, if successful, then jurisdiction would come back to Florida.
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