Legal Question in Wills and Trusts in Florida

Found the will

My mother died Oct 1,2001 in Florida. She had no will that we were aware of. Her estate is now in probate with my stepfather as executor of the estate. While going through some personal papers, I found her will, which goes back about 25 years ago, filed in the state of Connecticut. She has remarried since doing this will. Do I need to turn this will in ? Is this will any good in the state of Florida ?


Asked on 12/26/01, 6:45 pm

1 Answer from Attorneys
Karen Spigler Law Firm of Karen Spigler, LLC

Re: Found the will

You can submit the will to the probate court. Your stepfather may still be entitled to at least 30% of the estate even though he is not named in the will through a concept known in Florida as statutory shares. He may also be entitled to a family support allowance. The 25 year old will, unless revoked by a newer will or voided on its face, should be valid as long as it was signed with the formalities required for a will in Florida. You would need to check with an attorney to see if the will was properly executed and the amount of your stepfather's entitlement.

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Answered on 12/27/01, 6:55 am


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