Legal Question in Wills and Trusts in Florida
When I make a Will
I have prepared a will. I would like to know if it has to be recorded to make it legal? And Can I leave everything to my children if I am married? Can My husband break my will?
1 Answer from Attorneys
Re: When I make a Will
In Florida a will does not have to be recorded to be valid. There are, however, certain formalities that must be followed. For example, it needs to be signed and there must be two witnesses. It is also best that your will be self-proved which requires special language and that your will be notorized. In Florida, a surviving spouse has a right to part of the estate regardless of what will of the deceased spouse states. If you leave everything to your children, your surviving spouse will still be able to claim one-third of the estate. Based on your question, I think it best you contact a local attorney to discuss your concerns.