Legal Question in Wills and Trusts in Florida

If my father had a will drawn up in Iowa after my mother died, then remarried and moved to Florida, does he need a new will? What is his new wife entitled to?


Asked on 1/06/13, 8:15 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

If the will was validly executed per Florida law, he does not need a new one. His spouse is entitled to whatever he leaves her in the will, or a minimum of the 30% of the estate.

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Answered on 1/07/13, 5:36 am
Lucreita Becude Lucreita D. Becude, P.A.

It would depend on a great many factors. Did he purchase a home here in Florida with the new wife - if so, she will get the new home. Please contact my office for an appointment and let's get this will redone. He can not disinherit his wife in Florida but there may be other items that you wish to have that unless he designates them to you- she may have a share in them. (904-997-1031)

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Answered on 1/07/13, 5:52 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

The new wife will have pretermitted entitlement. The wife will likely be entitled to his entire Estate notwithstanding what the old will stated. Seek legal help.

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Answered on 1/07/13, 7:09 am


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