Legal Question in Wills and Trusts in Florida
Grandmother's Last Wishes
My grandmother wanted to change her will before her death. When her attorney called her house I answered the phone, and passed the phone on to her. She told him what she wanted to change. She died before she signed the new will. Is her old will still valid, or did she perform a ''Revocation by act.--A will or codicil is revoked by the testator, or some other person in the testator's presence and at the testator's direction, by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose, of revocation.
Florida Code Section 732.506.'' in her request to change the will? If the old will is invalid (as it was revoked), would it be like she died without a will and her estate go to Probate to be handled by the State?
1 Answer from Attorneys
Re: Grandmother's Last Wishes
The old will is still valid, unless it was burned, torn, cancelled, defaced, obliterated, or destroyed. It does not sound like any of those things happened. If she had directed the attorney to destroy it, that might work. Intentions do not count unless acted upon.
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